No Right to Carry Concealed Gun, Judge Rules
A federal judge in Sacramento, California has upheld a portion of California's concealed gun law.
The decision likely sets battle lines for an appeal on Second Amendment grounds, which could eventually go to the U.S. Supreme Court.
Gun rights advocates challenged a policy set by Yolo County Sheriff Ed Prieto that requires applicants to state a reason, such as a safety threat, to obtain a concealed weapons permit.
Plaintiffs, the challengers to Yolo County's policy, claimed requiring a reason to get a permit infringes their right to keep and bear arms, as stated in the Second Amendment to the U.S. Constitution, reports AP.
Thus Judge England rejected the plaintiffs' contention that California laws allowing unloaded gun carry, but prohibiting concealed carry without a permit--which by implication makes a self-defender load up before shooting--infringed on Second Amendment rights.
Judge England's ruling states that the Second Amendment "does not create a fundamental right to carry a concealed weapon in public."
Gun advocates have already filed a Notice of Appeal in the Sacramento case, and will take their contentions to the Ninth Circuit Court of Appeals in San Francisco. The case could be appealed to the U.S. Supreme Court, predicts Examiner.com.
Since similar lawsuits against concealed gun laws are pending in several states, further U.S. Supreme Court participation in Second Amendment issues appears likely.
- Federal Judge Finds No Constitutional Right to Carry a Concealed Weapon (ABA Journal)
- Text of Judge England's Memorandum and Order (ABA Journal)
- Fourteenth Amendment Incorporates Second Amendment Right to Bear Arms (FindLaw's
U.S. Supreme Court News & Information Blog)
- Gun Rights: USSC Extends Heller Decision to States (FindLaw's Decided)