Explore The NRA Universe Of Websites

Peruta Opinion Finds No Right to Carry Concealed Firearms

Thursday, June 9, 2016

Peruta Opinion Finds No Right to Carry Concealed Firearms

A full panel of the U.S. Court of Appeals for the Ninth Circuit today used shameful sophistry and sleight of hand to effectively deny millions of Californians their constitutional right to bear firearms in public for self-defense. The ruling came in the long-running case of Peruta v. San Diego, which challenged California’s discretionary issuance of concealed carry permits, the only option Californians have to legally exercise this right. Ignoring that fact, the court held that concealed carry of firearms in public is not protected by the Second Amendment and that discretionary permitting for it therefore does not offend that provision.

We have been reporting on the saga of the Peruta case for a number of years (including here, here, here, and here). The issue in the case is simple: Does the Second Amendment allow California officials to deny the state’s residents the only effective means they have of carrying a firearm in public for self-defense, absent a showing of an extraordinary need to do so? The answer to that question is simple – no – and it was answered correctly in an opinion by a three judge panel of the Ninth Circuit back in 2014.  The panel recognized that the question at the heart of the case was “whether a responsible, law-abiding citizen has a right under the Second Amendment to carry a firearm in public for self-defense.”

Nevertheless, after that decision was issued, a majority of the full Ninth Circuit Court of Appeals took it upon itself to order the case to be reheard. In reversing the panel’s decision, the full court deceptively recast the issue in the case as whether plaintiffs, who “wish to carry concealed firearms in public” but “do not satisfy the good cause requirements in their counties” nevertheless have a Second Amendment right to be issued concealed carry licenses.

The plaintiffs asserted because concealed carry licenses are the only means responsible, law-abiding Californians have to exercise their Second Amendment right to bear arms in California, they cannot be subject to issuance only on a showing of extraordinary need. It was the State of California, not the plaintiffs, that decided concealed carry would be the vehicle state residents had of protecting themselves from violent crime in public.

While a majority of the Ninth Circuit judges signed onto the decision to deny Californians their rights, three strongly-reasoned dissents, accounting for the opinions of four judges, called out the majority’s chicanery. The dissents correctly point out that it was the State, not the plaintiffs, who established the “concealed carry” permitting context of the case. The dissenting judges also would have explicitly held that responsible, law-abiding Americans certainly do have a right to “bear” arms in public for self-defense.  According to the dissent of Judge Conseulo M. Callahan (an appointee of President George W. Bush), the majority’s framing of the case was nothing more than “an elaborate straw man.”

While the majority opinion blithely asserts that people who believe California’s ban on open carry violates the Second Amendment have the option of challenging that ban, they ignore the fact that no provision of California law provides a means for law-abiding citizens to do so for self-defense. Thus, achieving proper standing to mount such a challenge would be difficult for anyone who does not commit a criminal violation of California’s open carry ban.

In the final analysis, the majority opinion does perform one very important public service: It provides the clearest possible example of why liberty-loving Americans need to go to the polls this November and vote for those candidates who will preserve their Second Amendment rights. The consequences of failing to do so could not be clearer.

“Once again the 9th Circuit showed how out of touch it is with mainstream Americans.  This decision will leave good people defenseless, as it completely ignores the fact that law-abiding Californians who reside in counties with hostile sheriffs will now have no means to carry a firearm outside the home for personal protection. This flawed ruling underscores the importance of the 2016 election. It is imperative that we elect a President who will appoint Supreme Court justices who respect the Second Amendment and law-abiding citizens right to self-defense,” Chris W. Cox, executive director, National Rifle Association Institute for Legislative Action (NRA-ILA).

TRENDING NOW
U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

News  

Second Amendment  

Thursday, May 22, 2025

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

Earlier today, the U.S. House of Representatives passed H.R.1 the One Big Beautiful Bill Act, which included Section 2 of the Hearing Protection Act, completely removing suppressors from the National Firearms Act (NFA).

NRA and 2A Allies Announce NFA Lawsuit

Monday, July 7, 2025

NRA and 2A Allies Announce NFA Lawsuit

Following the passage of the “One Big Beautiful Bill”—which eliminates the National Firearms Act of 1934’s (NFA) excise tax on suppressors, short-barreled rifles, short-barreled shotguns, and AOWs—the National Rifle Association issued a joint statement along with the ...

Congress Passes the “One Big Beautiful Bill,” Now Headed to President Trump

News  

Thursday, July 3, 2025

Congress Passes the “One Big Beautiful Bill,” Now Headed to President Trump

Earlier today the U.S. House of Representatives passed the “One Big Beautiful Bill.” This bill contained a provision that would, among other things, eliminate the burdensome $200 excise tax imposed by federal law on suppressors, short-barreled firearms, ...

United Nation’s Attack on Ammunition Formally Begins

News  

Monday, July 7, 2025

United Nation’s Attack on Ammunition Formally Begins

The recently concluded negotiations on the United Nations’ Global Framework on Through-Life Conventional Ammunition Management (Framework) should be of grave concern to anyone who values the constitutional protections afforded by the Second Amendment. 

U.K. Embarks on Fresh Knife Amnesty, Reminds Americans Why 1776 was a Good Idea

News  

Monday, July 7, 2025

U.K. Embarks on Fresh Knife Amnesty, Reminds Americans Why 1776 was a Good Idea

It has been a while since we’ve looked at weapon news from across the pond, but with Americans everywhere having just celebrated the Glorious Fourth and our independence from British monarchy, the timing seems particular ...

DOJ Declines to Seek Supreme Court Review of Decision Striking Down Federal Laws Prohibiting FFLs From Selling Handguns to 18-to-20-Year-Olds

Thursday, July 10, 2025

DOJ Declines to Seek Supreme Court Review of Decision Striking Down Federal Laws Prohibiting FFLs From Selling Handguns to 18-to-20-Year-Olds

In Reese v. ATF, the Fifth Circuit held that 18 U.S.C. §§ 922(b)(1) and (c)(1)—which together forbid Federal Firearms Licensees from selling handguns to 18-to-20-year-olds—violate the Second Amendment.

President Trump Signs the “One Big Beautiful Bill Act” into Law

News  

Friday, July 4, 2025

President Trump Signs the “One Big Beautiful Bill Act” into Law

Earlier today, on the 4th of July, a day on which our Founding Fathers declared their intent for a free nation, the President of the United State of America, Donald Trump, signed the “One Big ...

NRA-ILA July 2025 Litigation Update

Thursday, July 10, 2025

NRA-ILA July 2025 Litigation Update

In the second quarter of 2025, the National Rifle Association filed two cert petitions in the U.S. Supreme Court and five amicus briefs, while continuing to litigate dozens of ongoing lawsuits across the country.

Florida: Second Amendment Sales Tax Holiday Signed by Governor

Monday, July 7, 2025

Florida: Second Amendment Sales Tax Holiday Signed by Governor

Governor Ron DeSantis recently signed the Florida Budget for Fiscal Year 2025–2026, which includes a Second Amendment sales tax holiday from September 8 through December 31, 2025. The NRA is thankful for Governor DeSantis’ strong ...

North Carolina: Update on Gun Bills Moving through the General Assembly

Tuesday, June 24, 2025

North Carolina: Update on Gun Bills Moving through the General Assembly

Recently, House Bill 193 (H193) was reported favorably out of both the Senate Judiciary Committee and the Senate Rules Committee, with amendments.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.