Supreme Court rejects gun rights appeal

Supreme Court rejects gun rights appeal

Supreme Court rejects gun rights appeal

The U.S. Supreme Court on Monday declined to take up a case from a man who sued San Diego County for the right to carry a concealed firearm in public.

The justices let stand a ruling from the 9th Circuit Court of Appeals which held previous year that the "2nd Amendment does not preserve or protect a right of a member of the general public to carry concealed firearms in public".

In his dissenting view, Supreme Court Justice Clarence Thomas cited an amicus brief filed by Alabama on behalf of 25 other states in support of the Second Amendment in the case Edward Peruta v State of California. Gorsuch joined his dissent.

Peruta said he expects Trump to appoint judges sympathetic to the rights of gun owners. The Peruta decision seems to apply specifically to concealed carry, but if you're going to release the "good cause" genie out of the bottle, who knows where that train ride ends?

Since then, however, the court has turned down a series of constitutional challenges to laws and local regulations that prohibit people from carrying guns in public or from buying and owning rapid-fire weapons. He lives CT and in California, where he was denied a permit after saying he needed to carry a weapon for personal protection. The experience of amici States demonstrates that the restrictions on bearing arms in San Diego County can not withstand any level of scrutiny. The Sheriff's Department has, since well before my time as sheriff, defined "good cause" as a set of circumstances that distinguishes the applicant from other members of the general public and causes him or her to be placed in harm's way.

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"Simply fearing for one's personal safety is not considered good cause", a San Diego official said when the issue came before a court in the city.

Thomas went on to note that the California case provided the court a prime opportunity to provide long-needed clarification in the 2nd Amendment debate. In the meantime, he said he will continue to carry a firearm in public in CT, where it is legal.

But a year ago, the full 9th Circuit reconsidered the issue and rejected this broader view of the 2nd Amendment. The en banc court's decision to limit its review to whether the Second Amendment protects the right to concealed carry - as opposed to the more general right to public carry - was untenable.

Peruta's lawyers argued that the qualification for concealed carry rights effectively makes it impossible to carry a firearm for self defense in San Diego. Supreme Court said Monday it will rehear an unresolved immigration case to determine whether the federal government has the authority to detain migrants indefinitely while their legal status is being determined. His actions in both cases alleviate some of the concerns expressed in this column questioning how gun owners could assume Gorsuch's legal agreement until he clarified his thoughts on the Second Amendment.

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