CA Closer To Shall Issue!

New Court Decision Likely Ends California’s Restrictions On Conceal-Carry Permits

Law-abiding Californians may not need to justify their need to carry concealed weapons, after the same three-judge panel that struck down restrictions on the permits earlier this year ruled Wednesday that it is too late for new opponents to join the fight against the ruling.

The decision by the 9th U.S. Circuit Court of Appeals would bar other law enforcement officials, including state Attorney General Kamala Harris, from appealing its ruling in a case originally brought by an independent journalist who sued the San Diego County Sheriff’s Department over its policy of requiring a specific reason for being allowed to carry a concealed weapon in public. San Diego County Sheriff Bill Gore has said he will not fight the ruling, meaning there is no one with standing left to challenge the decision made in February.

The case originated in 2009 when resident Edward Peruta filed a complaint against San Diego County and Sheriff William D. Gore in the U.S. District Court for the Southern District of California after being denied a concealed carry license. Peruta argued that San Diego’s “good cause” policy violated his Second Amendment right to keep and bear arms. According to Peruta’s attorney, “It was deemed the Plaintiff did not have good cause, because Plaintiff could not document any specific threat of harm, and primary reasons for desiring a license to carry a concealed weapon were due to the fact that he often carried large amounts of cash, valuables, and equipment in his motor home, and also because his duties as a news investigator placed him in high crime areas.”

Later on, several other plaintiffs joined the case, along with NRA’s California state affiliate, the California Rifle and Pistol Association (The CRPA Foundation).

In addition to being an important milestone for Golden State residents, the ruling could affect policy in other states. Another Ninth Circuit ruling in the case of Baker v. Kealoha held that a district court in Hawaii erred when it held that the state’s restrictions on carrying firearms outside the home did not implicate protected Second Amendment activity.

Further proceedings on that case, however, have been deferred pending resolution of the post-opinion matters in Peruta.

Meanwhile, the U.S. territory of Guam passed legislation in response to Peruta that changed its concealed carry licensing regime from “may-issue” to “shall-issue.”

“This is a great victory for all of California and Second Amendment advocates. The CRPA Foundation was proud to be an instrumental partner in this important case.” – John C. Fields, CRPA Executive Director.