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Peruta v. County of San Diego
United States Court of Appeals for the Ninth Circuit
742 F.3d 1144 (2014)
Under California state law, it was illegal for almost anyone to openly carry a firearm in public. The state also required individuals to get permits in order to carry concealed firearms in public. To get a concealed-carry permit, an individual needed to demonstrate good cause. Cities and counties managed the actual concealed-carry permit programs. The program implemented by the County of San Diego (county) (defendant) defined good cause as circumstances that distinguished an individual applicant from the mainstream population and placed the individual in harm’s way. For instance, a person could show good cause with evidence of a specific threat to the person’s physical safety that was documented with a restraining order and could be verified by law enforcement. The county’s program specifically noted that a general concern for personal safety was not enough to show good cause for a concealed-carry permit. Several individuals (plaintiffs) either applied for concealed-carry permits and were denied due to a failure to show good cause or did not apply because the good-cause requirement made their applications futile. These individuals sued, arguing that the good-cause requirement violated their Second Amendment right to carry firearms in public for self-defense. The district court dismissed the claims, and the individuals appealed to the Ninth Circuit.
Rule of Law
Holding and Reasoning (O’Scannlain, J.)
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