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.
It’s interesting to note that, while San Diego still has about a week to request an en banc review of the appellate decision, I’m hearing reports that sheriffs and police chiefs throughout California have already received thousands of inquiries and hundreds if not thousands of actual applications. Some jurisdictions, such as Orange County, have updated their policies and for now at least will accept applications with self-defense listed as the required “good cause.”
ReplyDeleteBREAKING NEWS: Sheriff Gore of San Diego will not seek a review of the Ninth Circuit ruling!
ReplyDeletehttp://apps.sdsheriff.net/press/Default.aspx?FileLink=fce6dc6b-e015-4c15-8d6c-4e38b4e212e1