Thursday, February 13, 2014

Peruta v. San Diego


Though it was eventually adopted by the National Rifle Association’s litigation team, the case of Peruta v. San Diego was widely seen as something of a dark horse compared to other right-to-carry challenges, such as the matter of Richards v. Prieto. In fact, both cases were argued before the U.S. Court of Appeals for the Ninth Circuit back in Dec. 2012. Today, the appeals court finally issued its decision, concluding that “the right to bear arms includes the right to carry an operable firearm outside the home for the lawful purpose of self-defense” and held that requiring “good cause” for the issuance of a license to carry a handgun “impermissibly infringes on the Second Amendment right to bear arms.…”

This decision represents a pleasing and unexpected victory—if a late one—for the right-to-carry movement in California. However, as history has shown, the fight may be far from over. Various judicial maneuvers may still be used to delay or reverse the order. Therefore and perhaps probably, Peruta may yet find itself petitioned for review to the U.S. Supreme Court, which has repeatedly demonstrated its reluctance to hear a right-to-carry challenge.