Gun Control Law Upheld by Supreme Court in Concealed Carry Case

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Source: Oliver Darcy, “She Was Fired For Carrying a Concealed Weapon to Work In Violation of Company Policy — Now She’s Suing,” theblaze.com, Feb. 22, 2014

The United States Supreme Court denied an appeal in a gun control case by a 7-2 vote on June 26, 2017. The case, Peruta v. California, challenged California’s concealed carry law, which allows local sheriffs to ask concealed-carry permit applicants to demonstrate the necessity or “good cause” of their desire to carry a concealed firearm, such as a well-documented need for “personal protection.”

The Justices did not provide a reason for choosing not to hear the case. However, Justice Clarence Thomas, joined by Justice Neil Gorsuch, issued a dissenting opinion on the refusal. Thomas wrote, “The Court’s decision to deny certiorari in this case reflects a distressing trend: the treatment of the Second Amendment as a disfavored right… the Framers made a clear choice: They reserved to all Americans the right to bear arms for self-defense. I do not think we should stand by idly while a State denies its citizens that right, particularly when their very lives may depend on it.”

By denying the appeal, the Court upheld the 2016 ruling issued by the 9th Circuit Court of Appeals, which stated that “the protection of the Second Amendment — whatever the scope of that protection may be — simply does not extend to the carrying of concealed firearms in public by members of the general public.”

The United States Supreme Court has not heard a major Second Amendment case since ruling in McDonald v. Chicago in 2010, nor has it heard a case concerning the rights of an individual to bear a firearm in public in that time. The McDonald ruling broadened a 2008 precedent set in the case of District of Columbia v. Heller, which established an individual’s right to possess a handgun at home for the purposes of self-defense. In the 5-4 decision, the Court held that, “Self-defense is a basic right, recognized by many legal systems from ancient times to the present, and… individual self-defense is ‘the central component’ of the Second Amendment right.”


Sources:

Carrie Johnson, “Supreme Court Won’t Hear Challenge To Calif. Gun Carry Law,” npr.org, June 29, 2017

San Diego County Sherriff’s Department, “Concealed Weapons Permit,” sdsheriff.net, June 9, 2016

David G. Savage, “Supreme Court Won’t Hear a California Gun Case, Leaving in Place the State’s Strict Limits on Concealed Weapons,” latimes.com, Jun. 26, 2017

Greg Stohr, “US Supreme Court Rejects Appeal Seeking Gun-Carrying Rights,” bloomberg.com, June 26, 2017

US Supreme Court, McDonald v. Chicago, supremecourt.gov, June 28, 2010

US Supreme Court, Peruta v. California, supremecourt.gov, June 26, 2017

United States Court of Appeals for the Ninth Circuit, Peruta v. County of San Diego, ca9.uscourts.gov, June 9, 2016

Richard Wolf, “Supreme Court Won’t Rule on Carrying Guns in Public,” usatoday.com, Jun. 26, 2017