The California-based Ninth Circuit Court of Appeals ruled today strongly in favor of gun rights and against those who would attempt to violate or abridge the Second Amendment. In the ruling. the Court has determined that California’s law, which currently only issues licenses based on a government determination of “need”, is in direct violation of the Constitution.
From Cato:
Today the Ninth Circuit U.S. Court of Appeals stepped forward to defend the individual rights that the Third Circuit would not. It ruled that “San Diego County’s ‘good cause’ permitting requirement impermissibly infringes on the Second Amendment right to bear arms in lawful self-defense.
The opinion states in no uncertain terms that the Second Amendment guarantees the right to carry a firearm for protection outside of the home. Be it concealed or open carry, the decision basically says that the government cannot arbitrarily refuse you the right to carry a gun on your person, but it does still allow for licensing. Volohk Conspiracy breaks it down best here.
“Shall-issue” schemes that require a license to carry, but let pretty much all law-abiding adults get such a license, would likely be upheld. The same is true for restrictions on carrying in particular places, such as schools or government buildings. But a broad ban on all gun carrying in public, the court held, violates the Second Amendment.
This is a win for proponents of gun rights. In a few days, another significant ruling will come as the Supreme Court is expected to issue a decision on what exactly it means to bear arms.