A U.S. Appeals Court Upholds State Restrictions On Concealed Gun Carry

Life Writer
06.10.16 6 Comments
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Entire industries are fueled around Americans and guns. We have a long and grim history with the weapon. Some consider ownership as an integral part of being American. Others see gun possession as a relic of a long-forgotten past, which shouldn’t be valued over safety concerns and the importance of proper background checks. Wherever you fall on that spectrum, you’re sure to have an opinion on the matter.

California has been listening to arguments for a while now over the right to legally carry a concealed weapon. Second Amendment proponents have made their thoughts known and will continue to do so, but for now, their cause has reached a roadblock. California’s 9th Circuit Court of Appeals has voted 7-4 to uphold that state’s decision to disallow unquestioned concealed carry licenses. Here’s the essence of the judgment:

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 a requirement of “good cause,” however defined — is necessarily allowed by the Amendment.

The court cited a 1897 Supreme court case, Robertson v. Baldwin, in which the justices ruled, “the right of the people to bear arms is not infringed by laws prohibiting the carrying of concealed weapons.” Thus, states can make up their own laws in how firearms are purchased, carried, and stored in their own state. So, the United States contains examples such as Idaho, which chose to have no barrier between owning a gun and legally being able to conceal carry. Whereas the Californians have decided that to obtain a concealed carry permit you need to have “good reason” to do so.

In any event, the 9th Circuit carries a reputation as the most overturned court of appeals in the country. This could be one of their many decisions that meets the same fate. If Second Amendment activists have their way, this ruling won’t last long.

(Via NBC News)

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