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Will California's Concealed-Carry Gun Restrictions Go Before SCOTUS?

By Jonathan R. Tung, Esq. on August 19, 2016 | Last updated on March 21, 2019

Few states top California when it comes to a general anti-gun stance -- with possible exceptions in New Jersey and New York.

Now, it appears that the state's "good cause" statute, whose legitimacy has been bouncing around in the courts for some time, is finally on its way to be scrutinized by the highest court in the land. Even after a request was made of 28 of the Ninth Circuit's judges, no majority granting a rehearing of last June's contentious case could be met.

California's Concealed-Carry Restrictions

We can thank Edward Peruta for focusing all of our attention on this case of great public interest. It was several years ago when Edward Peruta applied for San Diego's concealed-carry permit and was denied. In the first round of litigation, Peruta found a sympathetic ear in the trial court which agreed with his views of the Second Amendment.

But the celebration was not to last long. Even though a three-judge panel at the Ninth Circuit affirmed this more conciliatory view of a citizen's right to carry concealed weapons in public, the en banc court overturned that view and proclaimed that the Second Amendment does not confer upon citizens the right to carry concealed arms in public. It was a view that was consistent in substance with the DC Circuit ruling.

Gun Advocates Look to the Supreme Court

This means that, for now, a Second Amendment right is no longer "good" cause for purposes of acquiring a concealed-carry permit in San Diego. The recent failure to win a majority among the 28 active judges means that interested groups have an open doorway to push the issue to the highest court in the land.

"We will now ask the Supreme Court to set things straight," said the gun advocates' lawyer, C.D. Michel.

We'll find out shortly if the request is granted.

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