9th Circuit Court Says the Second Amendment Protects the Right to Carry a Gun in California

 

From Per Eugene Volokh at the Washinton Post

Gun_2nd Amendment

So holds today’s Peruta v. County of San Diego (9th Cir. Feb. 13, 2014) (2-1 vote).

The court concludes that California’s broad limits on both open and concealed carry of loaded guns — with no “shall-issue” licensing regime that assures law-abiding adults of a right to get licenses, but only a “good cause” regime under which no license need be given — “impermissibly infringe  on the Second Amendment right to bear arms in lawful self-defense.”

This comes as quite a welcome surprise as the 9th Circuit Court is hardly considered conservative leaning in its rulings.

As the NRO opines, in other words the decision states that, one has the right to carry a gun. The state can elect to recognize this by permitting either “shall-issue” concealed-carry or “shall-issue” open carry, but it cannot restrict or prohibit both.

The FULL opinion can be read HERE.



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