Explore The NRA Universe Of Websites

APPEARS IN News

U.S. Supreme Court Disappoints on Right-to-Carry, but Justice Gorsuch Shines

Wednesday, August 23, 2017

U.S. Supreme Court Disappoints on Right-to-Carry, but Justice Gorsuch Shines

Gun owners were justifiably disappointed June 26, when the U.S. Supreme Court refused to hear Peruta v. California. The denial was a setback in NRA’s efforts to secure judicial recognition that the Second Amendment protects the right to bear arms outside the home. For now, misguided state and local governments will continue to deny their residents’ Right-to-Carry.

The Peruta case began back in October 2009, when plaintiff Edward Peruta filed a complaint with the U.S. District Court for the Southern District of California arguing that San Diego County Sheriff William Gore violated his Second Amendment rights. Under California’s permitting law, Gore had wide discretion to deny carry permits to applicants unless they demonstrated “good cause” for obtaining it. A desire to exercise the Second Amendment right to self-defense did not meet the sheriff’s definition of “good cause.”

At the outset, a key argument for the defense held that San Diego’s interpretation of California’s permit law did not extinguish Peruta’s Second Amendment right, as California did not prohibit individuals from openly carrying an unloaded handgun outside the home. However, in 2011, California enacted a law prohibiting the open carry of handguns.

In 2014, in a tremendously well-reasoned opinion, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit held that San Diego’s enforcement of California’s discretionary permitting scheme violated the Second Amendment. In 2016, however, a larger panel of Ninth Circuit judges came to the opposite conclusion. The Ninth Circuit refused to take California’s prohibition on open carry into account, ruling only that “the Second Amendment does not protect, in any degree, the carrying of concealed firearms.”

However unfortunate, the current cloud over our Second Amendment rights does have a silver lining. Peruta’s fate confirmed that the newest member of the Supreme Court has a firm commitment to an individual’s right to keep and bear arms.

Coinciding with the Court’s decision to reject Peruta, Justice Clarence Thomas issued a blistering dissent from the court’s denial.  He was joined by the newest member of the Court, Justice Neil Gorsuch.

Thomas admonished the Ninth Circuit’s failure to address California’s entire carry scheme as “indefensible.” Joined by Gorsuch, he went on to explain that the Supreme Court has “already suggested that the Second Amendment protects the right to carry firearms in public in some fashion.”

Moreover, Thomas addressed the Court’s recent substandard treatment of the Second Amendment, calling this development “a distressing trend” and “inexcusable.”

Gorsuch’s actions represent a major victory for gun owners and reminder of how important elections truly are. Following the unexpected death of Justice Antonin Scalia in February 2016, gun owners faced the prospect of a Court that would pervert the Second Amendment to eliminate its protections for our individual right to keep and bear arms. But gun owners rose to the challenge, putting pressure on their Senators to reject Barack Obama’s anti-gun nominee, Merrick Garland. Illustrating the importance gun rights supporters played in this battle, the New York Times editorial page whined, “The Senate Defers to the N.R.A.”

Gun rights supporters went on to make the Court a pivotal issue in the 2016 presidential campaign, one that helped put Donald Trump in the White House. And when several senators threatened to block any Trump Court pick, NRA stood by the president’s nominee.

Gorsuch’s participation in Thomas’s forceful dissent is tangible evidence that he respects the Second Amendment and the individual right it guarantees.

Moreover, Peruta was not the last chance gun owners will have to vindicate our Right-to-Carry before the Court. A response to the Ninth Circuit’s ruling in PerutaFlanagan v. Becerra – challenges California’s open carry prohibition. And Grace v. District of Columbia is yet another case that may have a critical bearing on our Right-to-Carry in public by challenging the District’s highly restrictive permit regime.  In addition to those current cases, more lawsuits are on the way.

Gun owners, just as Justices Thomas and Gorsuch, are right to be disappointed in the Court’s recent treatment of the Second Amendment.  What we should not do is become discouraged. Gun rights supporters would do well to recall the decades of scholarship, activism, and litigation that led to our victories in District of Columbia v. Heller and McDonald v. Chicago. As long as Second Amendment supporters are resolute in our purpose and work to ensure the appointment of judges and justices that respect our rights, the Second Amendment will once again win at the highest court.

TRENDING NOW
U.S. Senate Adds Pro-Gun Tax Relief Language Back into Reconciliation Bill

News  

Saturday, June 28, 2025

U.S. Senate Adds Pro-Gun Tax Relief Language Back into Reconciliation Bill

Overnight, the U.S. Senate added pro-gun tax relief language back into the Reconciliation bill after the Senate Parliamentarian struck out an earlier provision.  While this new provision is not as expansive as the language we advocated for which ...

U.S. Senate Forced to Remove Pro-Gun Language from Reconciliation Bill

News  

Friday, June 27, 2025

U.S. Senate Forced to Remove Pro-Gun Language from Reconciliation Bill

Today, the U.S. Senate was forced to remove the pro-gun language that had been previously included in the Reconciliation Bill currently making its way through the chamber. We explained in a previous article that this language would, ...

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).

U.S. Court of Appeals Backtracks on Adverse Suppressor Ruling

News  

Monday, June 23, 2025

U.S. Court of Appeals Backtracks on Adverse Suppressor Ruling

In a single sentence, the U.S. Court of Appeals for the Fifth Circuit added to the high-profile and consequential national conversation on firearm suppressors.

Armed Churchgoers Prevent Mass Attack as State Lawmakers Plot More Gun Control

News  

Monday, June 30, 2025

Armed Churchgoers Prevent Mass Attack as State Lawmakers Plot More Gun Control

Just over an hour away from the state capitol in Lansing, Michigan – even as lawmakers worked feverishly to pass various gun control measures, including expansion of “gun free” zones – a chilling reminder unfolded of the ...

Urge the U.S. Senate to Pass the One Big Beautiful Bill – Contact Your U.S. Senators Today!

News  

Monday, June 30, 2025

Urge the U.S. Senate to Pass the One Big Beautiful Bill – Contact Your U.S. Senators Today!

The U.S. Senate has cleared a number of procedural hurdles and is preparing to vote on the One Big Beautiful Bill. This vote will likely come within the next day. The One Big Beautiful Bill includes ...

Canada’s Big Ugly Gun Grab: An Update

News  

Monday, June 30, 2025

Canada’s Big Ugly Gun Grab: An Update

Canada’s Liberal government is pressing on with its harebrained gun ban and confiscation program for “assault style weapons,” but, true to form and precedents, it has been far from smooth sailing.

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.

News  

Second Amendment  

Friday, June 27, 2025

Joint Statement from Pro-Gun Groups on the Senate Reconciliation Bill

On behalf of millions of NRA members and gun owners, we stand united in calling on Congress to uphold Americans' Second Amendment rights and zero out the NFA's excise tax on suppressors and short-barreled firearms.

Argentina President Milei Continues to Make Improvements to Country’s Gun Laws

News  

Monday, June 30, 2025

Argentina President Milei Continues to Make Improvements to Country’s Gun Laws

We’ve reported before about Argentina President Javier Milei expanding access to firearms for law-abiding Argentinians.

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.