Second Amendment Victory In California, Court Overturns Concealed Carry Law

A California court overturned concealed carry restrictions for gun owners in most of the state. Second Amendments advocates are heralding the legal decision are a great victory in one the states with the most stringent gun laws in the country.

A divided federal appeals court struck down a laws that permitted California to “restrict as they see fit” the Second Amendment right to carry a concealed weapon in public. The US 9th Circuit Court of Appeals 2-1 ruling overturned state restrictions related to the carry of concealed handguns in Los Angeles, San Diego, San Francisco, Orange County, and other densely populated areas.

The majority faction of the California concealed carry ruling determined that the restrictions amounted to an infringement upon Second Amendment freedoms. The court ruling went on to say that the right to bear arms was violated because law-abiding residents were prohibited from carrying a handgun in public unless they proved a need for protection with specific reasons, to the issuing county.

Judge Diarmuid O’Scannlain had this to say about the California gun control decision:

“We are not holding that the Second Amendment requires the states to permit concealed carry. But the Second Amendment does require that the states permit some form of carry for self-defense outside the home.”

The current concealed carry permit restrictions in California will remain in place temporarily, pending appeals to the ruling. San Diego County officials have already voiced a desire to seek a rehearing in the Second Amendment case. The elected officials want an appeal in front of a larger panel and fully envision the fight being ultimately heard by the US Supreme Court.

The California concealed carry hearing stems from a 2012 change to existing state statute. The revision took away the right of citizens to conceal carry unloaded guns in public. Ammunition had to be carried separately. Exactly what good an empty gun would do during an attack remains to be seen – it is unlikely the stalker, thief, or rapist would allow the intended victim time to unzip a pouch and put bullets into a handgun. Gun owners rightfully argued that the restrictions made it impossible to defend themselves when outside of their home and infringed upon Second Amendment protections.

San Francisco gun owners filed the lawsuit arguing that their constitutional rights had been violated. Even though the men and women requesting concealed carry permit had pass the required training and background check, they still were denied the right to self-defense because they could not “cite specific reasons” why they “needed” to carry a gun. A response noting the world is a big bad place while waving a copy of the Bill of Rights in the air should have been sufficient.

What do you think about the California concealed carry ruling?