Peruta v. San Diego County

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Peruta v. San Diego County
Peruta v. San Diego County Court [[|]] This court case related article is a stub.
Court	United States Court of Appeals for the Ninth Circuit
Full case name	Edward Peruta, et al. v. County of San Diego, et al.
Decided	June 9, 2016
Citation(s)	824 F.3d 919
Case history
Prior action(s)	742 F.3d 1144 (9th Cir. 2014)
Subsequent action(s)	Certiorari denied, 137 S. Ct. 1995 (2017)
Holding
The Second Amendment does not protect, in any degree, the carrying of concealed firearms by members of the general public.
Court membership
Judge(s) sitting	Sidney R. Thomas, Barry G. Silverman, Susan P. Graber, M. Margaret McKeown, William A. Fletcher, Marsha S. Berzon, Richard A. Paez, John B. Owens, Paul J. Watford, Andrew D. Hurwitz, Michelle T. Friedland

Peruta v. San Diego County is a significant legal case in the United States concerning the Second Amendment right to bear arms. The case was decided by the United States Court of Appeals for the Ninth Circuit on June 9, 2016.

Background

The case originated when Edward Peruta and other plaintiffs challenged the San Diego County Sheriff's Department's policy on issuing concealed carry permits. Under California law, individuals seeking a permit to carry a concealed weapon must demonstrate "good cause." The plaintiffs argued that this requirement infringed upon their Second Amendment rights.

Court Proceedings

The case was initially heard by a three-judge panel of the Ninth Circuit, which ruled in favor of the plaintiffs, stating that the "good cause" requirement violated the Second Amendment. However, this decision was later reviewed en banc by the full Ninth Circuit.

En Banc Decision

In a 7-4 decision, the en banc panel of the Ninth Circuit reversed the earlier ruling. The court held that the Second Amendment does not protect the right to carry concealed firearms in public. The majority opinion, written by Judge William A. Fletcher, emphasized that historical context and precedent did not support the plaintiffs' claims.

Subsequent Actions

The plaintiffs sought review by the Supreme Court of the United States, but the Court denied certiorari on June 26, 2017, leaving the Ninth Circuit's en banc decision in place.

Significance

The decision in Peruta v. San Diego County has had a substantial impact on gun control laws and the interpretation of the Second Amendment, particularly in states within the Ninth Circuit's jurisdiction. It has been cited in subsequent cases and legal discussions regarding the balance between public safety and individual gun rights.

See Also

• Second Amendment to the United States Constitution
• District of Columbia v. Heller
• McDonald v. City of Chicago
• Gun laws in the United States