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U.S. Constitution
See other U.S. Constitution Articles

Title: Peruta v San Diego Cty, no 2nd Amdt right to concealed Carry
Source: 9th Circuit Court
URL Source: [None]
Published: Jun 9, 2016
Author: Circuit Judge W. Fletcher
Post Date: 2016-06-09 16:48:27 by nolu chan
Keywords: None
Views: 34401
Comments: 127

Peruta v San Diego Cty, no 2nd Amdt right to concealed Carry

Peruta et al v County of San Diego et al, 10-56971 (9th Cir, 9 Jul 2016)

OPINION

W. FLETCHER, Circuit Judge:

Under California law, a member of the general public may not carry a concealed weapon in public unless he or she has been issued a license. An applicant for a license must satisfy a number of conditions. Among other things, the applicant must show “good cause” to carry a concealed firearm. California law authorizes county sheriffs to establish and publish policies defining good cause. The sheriffs of San Diego and Yolo Counties published policies defining good cause as requiring a particularized reason why an applicant needs a concealed firearm for self-defense.

Appellants, who live in San Diego and Yolo Counties, allege that they wish to carry concealed firearms in public for self-defense, but that they do not satisfy the good cause requirements in their counties. They contend that their counties’ definitions of good cause violate their Second Amendment right to keep and bear arms. They particularly rely on the Supreme Court’s decisions in District of Columbia v. Heller, 554 U.S. 570 (2008), and McDonald v. City of Chicago, 561 U.S. 742 (2010).

We hold that the Second Amendment does not preserve or protect a right of a member of the general public to carry concealed firearms in public.

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Begin Trace Mode for Comment # 60.

#57. To: nolu chan (#0)

I would strongly suggest that you guys (and gals) get the book entitled That Every Man Be Armed: The Evolution of a Constitutional Right by Stephen P. Halbrook because nothing of what I see on this thread makes damn sense at all. Nothing. That the right to keep and bear Militia Arms is found in United States v. Miller (1939) And that according to Title 10 Sec 311 (b) (2) We are the militia

https://www.law.cornell.edu/uscode/text/10/311

goldilucky  posted on  2016-06-13   19:46:49 ET  Reply   Untrace   Trace   Private Reply  


#58. To: goldilucky, Y'ALL (#57)

nothing of what I see on this thread makes damn sense at all. Nothing.

I've read Halbrooks book and agree with his positions almost completely.

My opponents here do not. In particular, they insist that States have the power to ignore and even infringe on our rights.

Does that make sense to you?

tpaine  posted on  2016-06-13   20:16:19 ET  Reply   Untrace   Trace   Private Reply  


#59. To: tpaine (#58) (Edited)

in particular, they insist that States have the power to ignore and even infringe on our rights

All States of the union have their own Constitutions. However, their Constitutions have to be concomitant with the original Bills of Rights to the United States Constitution. They cannot choose to ignore certain parts of those inalienable Rights as secured by the U.S. Constitution.

goldilucky  posted on  2016-06-13   20:43:45 ET  Reply   Untrace   Trace   Private Reply  


#60. To: goldilucky, we agree, the canary Klan does not. (#59)

I've read Halbrooks book and agree with his positions almost completely.

My opponents here do not. In particular, they insist that States have the power to ignore and even infringe on our rights.

Does that make sense to you?

All States of the union have their own Constitutions. However, their Constitutions have to be concomitant with the original Bills of Rights to the United States Constitution. They cannot choose to ignore certain parts of those inalienable Rights as secured by the U.S. Constitution.

Well put, we agree..

Now try getting that truth across to the canary Klan.

tpaine  posted on  2016-06-13   20:50:18 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 60.

#61. To: tpaine (#60) (Edited)

All people need to do is

1) identify what is the meaning of "militia". Who are they? What classification do you fall under?

2) Get ahold of Halbrooks book, That Every Man Be Armed and start reading.

3) Get ahold of The Federalist Papers because there are numerous references to what our Founding Fathers stood on regarding the right to keep and bear arms. Most of them were strong supporters of the Second Amendment because of the concern of professional standing armies in times of declarations of war and/or when a President turns into a modern day Benedict Arnold and turns his army against the common people.

goldilucky  posted on  2016-06-13 20:57:44 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 60.

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