In a dubious, and ground breaking, decision an 11-judge panel of the 9th U.S. Circuit Court of Appeals ruled today that individuals do not have a Second Amendment right to carry concealed weapons in public.

9th U.S. Circuit Court of Appeals in San Francisco ruled Thursday on the Edward Peruta v. County of San Diego case which revolved around California’s concealed carry laws. California state law requires applicants to show “good cause,” such as a fear of personal safety,  in order to to carry a concealed firearm. The plaintiff Edward Peruta challenged the “good cause” stipulation on the grounds that carrying a firearm for self defense was protected under the 2nd Amendment.

However, the 9th U.S. Circuit Court of Appeals in San Francisco did not agree, and they ruled 7-4 to uphold the law requiring “good cause”. In an almost shocking majority opinion the court said that “The right of a member of the general public to carry a concealed firearm in public is not, and never has been, protected by the Second Amendment. Therefore, because the Second Amendment does not protect in any degree the right to carry concealed firearms in public, any prohibition or restriction a state may choose to impose on concealed carry”.

This decision seems to contradict previous supreme court rulings and it will most likely be challenged and settled by a new Supreme Court ruling.

Here is summary of the ruling. You can read the entire document here 

The en banc court affirmed the district courts’ judgments and held that there is no Second Amendment right for members of the general public to carry concealed firearms in public. Appellants, who live in San Diego and Yolo Counties, sought to carry concealed firearms in public for self-defense, but alleged they were denied licenses to do so because they did not satisfy the good cause requirements in their counties. Under California law, an applicant for a license must show, among other things, “good cause” to carry a concealed firearm. California law authorizes county sheriffs to establish and publish policies defining good cause. Appellants contend that San Diego and Yolo Counties’ published policies defining good cause violate their Second Amendment right to keep and bear arms. The en banc court held that the history relevant to both the Second Amendment and its incorporation by the Fourteenth Amendment lead to the same conclusion: The right of a member of the general public to carry a concealed firearm in public is not, and never has been, protected by the Second Amendment. Therefore, because the Second Amendment does not protect in any degree the right to carry concealed firearms in public, any prohibition or restriction a state may choose to impose on concealed carry — including * This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader. Case: 10-56971, 06/09/2016, ID: 10007709, DktEntry: 333-1, Page 3 of 89 (3 of 190) 4 PERUTA V. CTY. OF SAN DIEGO a requirement of “good cause,” however defined — is necessarily allowed by the Amendment. The en banc court stated that there may or may not be a Second Amendment right for a member of the general public to carry a firearm openly in public, but the Supreme Court has not answered that question. The en banc court granted the motion to intervene by the State of California, which sought intervention after the San Diego Sheriff declined to petition for rehearing en banc following the panel’s decision. The en banc court held that under the circumstances presented here, California’s motion to intervene was timely. Concurring, Judge Graber, joined byChief Judge Thomas and Judge McKeown, wrote separately only to state that, even if the Second Amendment applied to the carrying of concealed weapons in public, the provisions at issue would be constitutional. Dissenting, JudgeCallahan, joined by Judge Silverman as to all parts except section IV, by Judge Bea, and by Judge N.R. Smith as to all parts except section II.B, stated that in the context of present-day California law, the defendant counties’ limited licensing of the right to carry concealed firearms is tantamount to a total ban on the right of an ordinary citizen to carry a firearm in public for self-defense. Thus, plaintiffs’ Second Amendment rights have been violated. Dissenting, Judge Silverman, joined by Judge Bea, would hold that the challenged laws are unconstitutional under the Second Amendment because they do not survive any form of heightened scrutiny analysis.

We will be updating this story as more details come in. Please check back for more updates.

UPDATE 4:40 PM 6/9/16

The NRA just released this statement on the ruling

“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 of NRA-ILA.

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77 thoughts on “BREAKING NEWS: Federal Appeals Court Rules Americans Don’t Have Right to Concealed Carry

  1. Can’t he simply point out the crime statistics to show ‘good cause?’ That in and of itself seems justify it for me.

    1. There are a lot of “LIBS” that believe in the right to carry. Don’t be a stereotypical conservative a-hole

      1. You too Ridling you putz. Mammonista and you haven’t argued a single point. All you’ve done is be an insulting A-hole. We are sick and tired of your constant comments too…. Stop it! You are boring everyone….. Pompous ass!!!!

      2. Thanks for proving my point.
        Don’t need to argue a point when you keep speaking your nonsense dribble you lose the argument.

      3. Thanks for proving MY point. You’ve still said nothing. In your “Lib” tradition I will insult you….. The word you tried to use is “drivel”. Dribble is a technique used in basketball and soccer…..LOL!!! Turn off your idiot box and leave the basement, man. You troll! That took you about 2 minutes to respond because your whole pathetic existence is on chat rooms where you insist you are impressing people!! Cack off you liberal progressive fake

      4. Look up the word “dribble” it has more than one meaning you moron.
        It must be hard to be so ignorant. It’s funny how the ones afraid to use their real names on chat rooms are the ones that are the most ignorant.

    2. Frozen,
      I’m a lib!

      I believe in concealed carry…
      but I also favor common sense rules when it comes to gun control!
      1) Don’t let 12-year-olds buy guns (include 1-11 year-olds, and 13,14,15,16, and 17-years-olds in that group.
      2) Don’t allow civilians to own fully automatic weapons or 50-caliber rifles.
      3) Limit magazine size for rifles and pistols to 5 rounds.
      4) Ban all “Gun Show” sales of guns.
      5) MAKE RULES 1,2, and 3 “NULL & VOID” near (or on the grounds) of any school where your children or grandchildren might attend, or inside the church (or bar more likely) where you attend!

      1. And the only people who will abide by those rules are people who already use common sense. Criminals will ignore everything you just suggested.

      2. mammonista:
        1. Kids that age can’t buy guns.
        2. You have to undergo one hell of an ahole rapingby the FBI to be able to own a truly automatic weapon.
        3. What the hell would a magazine limit accomplish?
        4. Show your facts where criminals are using this “loophole” to attain weapons.
        5. You’re saying I can take a .50 to church or school to protect kids? Ok, I’m in.

      3. No, I want all the rules null and void where people with really limited capacity for logic might be in hiding…i.e. underneath a church pew or school desk, behind the altar with the rev. or priest, in the locker room with the coach, should I go on?
        What would magazine limit accomplish? See the preceding paragraph Einstein!, i.e. you must have a truly limited capacity! Ditto #4, Ditto #5.

      4. Calling people names and hurling insults instead of using factual argument is truly a sign of a great genius LOL.

      5. Your judgement just went out the window with that logic remark. Educate yourself – that will be a herculean task considering your preconceptions and lack of basic information about the gun laws of this country.

      6. mammonista, Why don’t you take a look back at who has done all the mass shootings why don’t you? ALL DEMOCRATS AND LEFT WING RAG HEADS. And get yours out of your ass.

      7. See how you are you a-hole!? What makes you think that folks in church or students in school are hard pressed for logic? You must be talking about yourself and it shows by your illogical comments

      8. You can’t understand it can you? We should not be made to have a drivers lisence! Free means free!

      9. I got my first shotgun at 10 yrs. old, I’ve never pointed a gun at any human being!

      10. I got my 1rst shotgun ant the age of 8, my second at the age of 10. I knew every aspect of gun safety considering shotguns, rifles and pistols before I got to carry them hunting with my uncles…again at the age of 8~

      11. never met a Californian who was a coward…met a few who knew how to spell ‘license’ however! 🙂

      12. See my point, punk!? You still haven’t said anything….. Hey smart ass, maybe they are from Canada or EU, where that would be the correct spelling for ‘licence’. See how you are, you stupid, frenetic, reactionary, over emotional boob?

      13. I see you are a lib, as are your positions on guns. If you want to limit gun ownership, do so yourself. Fortunately, you are not in charge of gun ownership for the people of America. Place limits on yourself because that is how you believe, but you do not possess the power to do so for others.

      14. Ouch, oh that hurts stevo! Please stop, no, really stop! Ouch you’re killing me.
        Fortunately this is still a nation of laws. And despite the fact that most gun advocates like to scream (activist judges) every time they hear a ruling they don’t like judges are the final arbiters of existing laws and legislators get to make new one. Not you, not frozen, not any of your wimpy big gun totin’ friends. If you don’t like it that way MOVE SOMEWHERE ELSE! You’re going to lose this election big time because the thin-skinned cheat you voted for wouldn’t be elected dog catcher in Nome, Alaska once he’s exposed for the fraud he is. And as much as I’m not a fan of HRC she’s gonna be the next POTUS and she’s going to get to nominate the next Supreme Court justice (or two). Get over it. Hey, whaddya wonna bet Dems capture the Senate…and the House? And after the scare us Bernie fans put in them they start enacting real laws that protect real people…not just you losers that think a closet full of AR’s compensates for your tiny, little weenies?

      15. Despite your insults and condescension, I beg to differ. Thanks to the efforts of liberals who can’t deal with laws passed by Congress who go judge shopping for legislation from the bench we have a situation now that litigation has taken the place of legislation, and that is unconstitional. I defy you to prove otherwise. I have read The Constitution many times and I have yet to see anything that supports this regulation and policy making by activist judges.

        Your idiotic stereotyping of gun rights advocates, enthusiasts, and those who participate in both recreational sporting use of firearms makes you look like a rabid zealot who wishes they could force their will upon others. You don’t see that attitude among the ranks of 2nd Amendment supporters, no, that is only the behavior of radical prohibitionists.

        Bernie supporters don’t scare me, they are to be pitied for pinning their hopes on a lost cause who never had any hope of being elected to the White House. What you fail to recognize is there are few of you and many more of us, and what’s more we will vote. This election will bring a record turn out for anyone opposed to the radical left wing of the Democrat party, and that goes double for Bernie.

        You can laugh like a hyena all you want, but we will have the last laugh and America has had enough of liberal policy and the accompanying failures that go with them. Clinton is involved up to her neck in a global scale money laundering scheme and her miserable failures as both Senator and Secretary of State are along with her constant lying and manipulation going to be her undoing. She will never get back into the White House, unless she signs up for the public tour.

      16. Maybe your response violated the terms of use agreement you agreed to when you signed up on Disqus. That should tell you something.

      17. Because you offer nothing……. I’m certain it had no content other than your Saul Alinsky style tactics of insulting, defaming, blah, blah blah…… Go to hell!

      18. Everything you said is soooooo old! You have not offered a single intelligent statement, just like YOUR leadership. Insults are not an argument. All your argument is fodder. There is nothing there other than insults and condescension. That proves a couple points. You don’t have an opinion of your own. You would make a good brown shirt. You are the “useful idiot” they need. Pull your head out “Frenchie”

    1. Innocent Californians who aren’t rabid liberals living in San Francisco? If the 9th circuit votes this way, imagine how long it will take the democrats to load the federal court system with like minded liberal judges if Hillary wins POTUS? We have a real fight coming from the left, and the sooner we recognize that and prepare to deal with it in a substantive way the more likely we will be able to win. The first and most important step in the process is to keep Hillary from being elected. You may not like Mr. Trump, but we can’t afford Hillary.

      1. Do you honestly think your vote will actually count? Hillary had one foot in bowels of hell, but now she is the Dem. candidate for the POTUS! Watch her actions, watch her debates, look in her eyes….she KNOWS she will be (appointed)elected president, she’s just playing out the election process. Yeah, Trump appears to be the only answer, but do you think that they are going to let him in after all the effort(lying, murders, cover-ups, money spending) and stage preparations they put forth to put Hillary in the White House? Hell yeah I’m voting for Trump, and others will too, but beware of a last minute disaster…..I have a really bad feeling on this! There’s way too much time between now and election day! Way too much!…

      2. Curt, I don’t think much differently than you, but every vote counts. If we fail to make our voice heard then we deserve to be enslaved by the left. The point is we can never rest, never stop, never give up on electing people to office that will fight against those who are bent on relegating the Constitution to a useless suggestion instead of the law of the land and the framework of individual rights, liberty and freedom unique in all the world. These elitist left wing people are wanting to dissolve international borders, to disarm the individual, to dominate the world’s population and silence dissent. That is what we are fighting – a rebirth of the cold war, but this time it is here in America. My parents both served in the Korean War, and I in the Vietnam War in opposition of socialism ans communism and although my Mom and Dad are gone, I will never accept the yoke of tyranny we have all spent our lives rejecting.

        What will stop them? Teach American history as it happened, not that vile crap the left has pawned off as history in the public schools and universities nowdays. The best current source for this in the US now is Bill O’Reilly’s books. He and his co-author research the facts and present only that which can be corroborated, not revisionism or opinion presented as fact. For instance, the Democrat Party came from pro-slavery people in the 19th century, and thrives today in the former states of the Confederacy as well as in the large metropolitan areas of today’s United States. Somehow they have managed to alter that history in a way that presents the Republican Party as the party of slavery, Jim Crow, segregation and racism despite the real facts that these concepts all were
        born and nurtured by the Democrat party. The Democrats have been able to convince the African American population that they are champions of African Americans despite the truth being there for the discerning. Our job is to tell the truth and show proof it is the truth, as well as the Machiavellian efforts the Democrat party has gone to in order to create the false impression that they are the party that will solve all of their problems. The left has gone to great trouble to instill a sort of magical thinking in the people who fall prey to this insidious plot. Our job is to dispel the myths, rumors and outright lies people have been told so the truth can take hold and the denial that was carefully cultivated over generations will lose it’s grip on the people.

        This is only the beginning.

      3. Like I said, I plan to vote for the first time in my life…..just in case! I missed being drafted during the Vietnam war by only months, they abolished the draft at that time. I just hope Trump stands his ground until the election, because I predict you are going to see the most ruthless tactics ever to destroy Trump’s campaign!

      4. I couldn’t agree more, Curt. They’ve already called him a racist, misogynist, despot, hot head, questioned his intelligence, said he is out of control, emotionally unstable, and we haven’t officially made either Trump or Killary the presidential candidate of their respective party. It’s going to be a campaign for the record books, the only difference between the parties is one is headed by a narcissist enabler felon liar and the other is running as a Republican. When you recount all the poor decisions, failed policies, tantrums, outright lies, denial of apparent facts, illegal money laundering through the Clinton Foundation, the conniving and the coverups, lying to Congress, and people who have perished as a direct result of her words and deeds it is truly amazing she has managed to get this far. But of course we can’t discount a POTUS who is seemingly happy to help her get away with her crimes and even help her get elected to hide his own involvement.

    2. YOU should. The best way to make sure it happens where you live is to not care. Apathy is a killer. I care, because sooner or later, it will work its way to my state. How do you think bad ideas spread? Because they are not properly attacked. Like mold they are often left alone, until great damage has been done.

      1. It’s known nationwide that California has always been the stage for the Democrats to test their unconstitutional agendas with little resistance, then their faithful media spreads it out like a fog across the rest of the country. It’s only a matter of time before the inhabitants of this huge mass of land has had enough of the bs and the gates of hell will open up! Americans don’t take well to being pushed in a corner!

    1. All which can also be restricted and/or banned by the government… because APPARENTLY there is no constitutional right to self-protection! I don’t need the government to legitimize my rights… they are inherent.

    2. Your alternatives will not be a reliable defense against a bad guy with a gun. You forgot to include edged weapons and archery equipment – or did you want to leave out lethal means of self defense altogether?

      The reason our military and police are armed with firearms – when faced with the deadly firepower of a firearm, the only viable response is another firearm.

    3. Somehow I envision you offering to hold a thug’s coat while he rapes your girlfriend so he doesn’t harm you .

    4. 90david-

      You bring your weapon to the fight, I’ll bring mine. Tell your wife not to set a place for you at the dinner table, cause you ain’t coming home.

    5. You can’t be serious! How in the hell would that stupid idea have helped one poor soul trapped in that nightclub in Orlando? Someone with a gun could have stopped it, just like the fine citizen recently did in Tel Aviv.
      BTW: Star Trek weapons are fiction. If you meant a taser, you have to be close to use it. Same with pepper spray. The bastard would have killed you before that. Also, neither stops a bullet. Mr. Waddell is right, you are a damn fool! Shut up, and everyone as dumb as you, shut up. We’ve been protecting people like you forever. Not anymore though, the priority list doesn’t include you anymore.

  2. They can “rule” until they run out of hot air, I will continue to do as I please. However, if you think idiot Trump can be trusted to

    back us up, you are living in a dream world. I would sooner trust a rabid dog not to bite me. The NRA decision to support him has many life members very angry and I am among them.

    1. What is your alternative? Trump is the candidate, like it or not. His sons are big 2nd Amendment supporters, hunters, and shooting sportsmen. I suppose you think Hillary will help our 2nd Amendment chances. Good luck with that. As you can see, her side will not stop trying to shred the 2nd Amendment and others they find an impediment to their strategy of controlling and oppressing the individual.

    2. How do you know many lifetime members are so angry? They know for sure, Clinton likes the example Australia has set!

  3. Better vote for TRUMP or Hillary will pick the 9th Supreme Court person that is SO FIREARMS BIGGOTED that today’s 2A rights will only be a dream in the future.

  4. So it begins…..the left wing dream of the ages…..a disarmed populace. A disarmed populace is a controllable populace. These “Judges” true aim is not the Second Amendment, but the First Amendment to be “Updated” by eliminating, or neutering the Second Amendment. Remember, the First Amendment rests on the shoulders of the Second Amendment.

  5. Ok, liberals there was a woman attacked at
    Dallas Lovell Airport today, we now must outlaw rocks! Rocks under 5 lbs. you must have a federal stamp! Every rock over 5 lbs. will now get you 10 yrs. in federal prison, where Hillary Clinton will be making all rocks under 5 lbs.

  6. You cannot possess more than 10 rocks on your person, all rocks must be under 5lbs. Some states are turning in their rocks! It’s a sad, sad, day!

  7. In San Fracisco a federal court judge ruled that no American citizen should have the right to openly carry rocks with or without a permit! Nancy Pelosi, being the leader that she is, has had her illegal Mexican lawn crew, remove her rock gardens at her mansion!

  8. Freedom has never been free! Someone has always tried to take from us, you have to be brave, to be the land of the free! Passive men have no freedom!

  9. “The right of a member of the general public to carry a concealed firearm
    in public is not, and never has been, protected by the Second
    Amendment.”

    For a mandate reading “the right of the people to keep and bear arms shall not be infringed,” it’s amazing how many legislators and jurists somehow find it Constitutionally permissible to infringe the right of the people to keep and bear arms.

    The usual rationale is the first clause about a well regulated militia… but that clause contains neither an imperative verb nor words making the second clause conditional upon it. Given the traditional definition of a militia– the unorganized citizenry that can be called to arms at need– a plain reading of the first clause shows it to be simply explanatory. The founders considered it necessary that there be a method well established under law (“well regulated”) for the citizenry to be called to arms at need. That was a significant part of how the Revolutionary War was, in fact, fought. Certainly the Consinental Army never, for example, had Kentucky long rifles. Nevertheless the clause contains no mandate to have one– presumably because if the people have the right to keep and bear arms, that, in and of itself, constitutes the militia. Again, it mandates nothing, nor does it contain words making the second clause dependent on Congress or some jurist deciding that a militia is no longer necessary. I know many gun control advocates would like to pretend that the Amendment reads something like, “So long as a well-regulated miitia is necessary…” but such words are simply not there… not that it makes any difference to those who abandon the rule of law in favor of their ideological preferences….

  10. Keep meaning own…. Bare meaning possess…. Shall not be infringed meaning off limits. It’s time to rise up!

  11. Not really dubious or ground breaking. Four other circuits have made a similar or identical findings. No amendment is unlimited, the Supreme Court has specifically noted limits on the Second Amendment, including the fact that in a prior decision, it noted that concealed carry was not historically protected, and the 9th Circuit used both that language and historical precedent in its finding. This case likely will stand for awhile as there is no split in the circuits on this issue at all. I also don’t see this getting decided in favor of gun owners in the future, sadly.

  12. Fifty dead , fifty-three wounded ,in another gun prohibited zone by a lone terrorist on the twelfth of June , 2016 in Orlando , Florida . The Ninth Circuit Court ,in fact all the judges who agree with the Ninth Circuit ruling can GO TO HELL. The politicians who agree with those judges can GO TO HELL ,including Barry , Hillary , and Bernie . To all the P.C .idiots who deny muslim terrorists exist : GO TO HELL !

  13. The judges can interpret the constitution to support their liberal political views. We the people will interpret the Constitution as the framers intended it !!!’

  14. It’s CA. so there’s no surprise here. This can only get worse because the fruits and nuts in CA. are moving east to CO. and have been changing the landscape for years.

  15. Do you really want to put your future in Democrat rule for another 8 years? Do you trust a government that owns all the guns. Most of Europe and the MIddle East has given their government full power and look at what it has gotten them.I do not know of anyone in this country who is afraid to go about their business as usual. If you notice, the terrorist pick gun free zones to kill and maim innocent people.

  16. Have you noticed death and crime is the reason 24 -7 news can even exist. We have always had crime,we only knew what happened locally until cable news.They now elect our government,they make decisions for you,they convince you to think their way.

  17. We are now seeing the effects of the 70’s and the drug cultures, in our kids. It is too late to change that.LSD was first used on our ww2 troops in Germany as an expermental treatment for what was then called “battle fatigue”.

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