Peruta v. San Diego County
| Peruta v. San Diego County | |||||||||
|---|---|---|---|---|---|---|---|---|---|
| |||||||||
| 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[edit | edit source]
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[edit | edit source]
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[edit | edit source]
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[edit | edit source]
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[edit | edit source]
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[edit | edit source]
- Second Amendment to the United States Constitution
- District of Columbia v. Heller
- McDonald v. City of Chicago
- Gun laws in the United States
References[edit | edit source]
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