Peruta Likely to be Heard by the Supreme Court

[Elderberry]

Gunwatch by Dean Weingarten  5/12/2017  http://gunwatch.blogspot.com/2017/05/peruta-to-be-heard-by-supreme-court.html

Rumors are flying that the Supreme Court to hear the appeal to the 9th Circuit decision on Peruta v. California.  It makes sense that the Court would agree to hear the appeal now that Justice Gorsuch is on the Court.  From scotusblog.com:

    There is only one new relist this week – but oh, what a relist it is. Peruta v. California, 16-894, asks whether the Second Amendment entitles citizens to carry handguns outside the home for self-defense – including concealed carry when carrying firearms openly is forbidden by state law. Under California law, openly carrying a handgun outside the home is generally prohibited, but concealed carry is permissible with a license. Applicants for concealed-carry permits must demonstrate “good cause” to obtain a license, which some county sheriffs (the relevant decision-makers) interpret to include a desire to carry a handgun for self-defense. The San Diego County Sheriff, however, defines “good cause” to require a showing of a particularized need for self-defense.

We should know with certainty, in a few days.

The essence of the Peruta decision is that there is no independent right to keep and bear arms outside of the home. The original appeals decision held that because the open carrying of arms was generally prohibited in California, the County Sheriffs could not arbitrarily refuse to issue concealed carry permits. If they were allowed to do so, the right to carry arms outside the home for self defense would be neutered.

In the en banc decision, the Ninth ruled that there was no right to carry arms concealed outside of the home, and ignored the California ban on the open carry of arms.

It is unknown when the Supreme Court will hear the case. Presumably, it will be this year.

It is easy to speculate why the Court would agreed to hear Peruta now. With rumors of another justice leaving the court this spring, this may be the last chance that leftists on the court will have to emasculate the Heller decision.

Justice Kennedy has been the reliable swing vote on the court. If he is replaced by an originalist and textualist justice, strong support for the Second Amendment is likely.

©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.

[txradioguy]

Nothing I'd like to see more than another smack down of the 9th Circus.

[roamer_1]

This whole way of thinking is foreign to me. Here, open carry is perfectly legal, and it's the pocket guns that folks worry over. Concealed carry is legal, but only with a permit (more or less).

That seems more legit to me. If a man is armed, it's advertised, and you know what you're getting into, kinda.
You would think that concealed carry would be the first thing to go.

[Elderberry]

SCOTUSblog: http://www.scotusblog.com/2017/05/todays-orders-65/#more-255776

The court also did not act on the petition for review in Peruta v. California, the latest gun rights case to come to the court, which apparently will be relisted for a second time. The petition asks the justices to decide whether there is a Second Amendment right to carry a handgun outside the home for self-defense. Under California law, gun owners can carry a concealed weapon if they have a license, which can be obtained if the gun owner can show “good cause”; in San Diego County, the sheriff defines “good cause” to require a specific need to have a gun for self-defense. A group of San Diego County residents challenged the policy after being denied a concealed-carry license, and a panel of the U.S. Court of Appeals for th 9th Circuit agreed that, when state law prohibits gun owners from openly carrying guns, the policy violates the residents’ right to bear arms. But the en banc appeals court reversed, holding that the policy does not violate the Second Amendment. The petition was filed in January and was originally slated for consideration at the justices’ March 24 conference, but it was rescheduled four times before being considered for the first time at the April 28 conference.