danez71
Member
http://michellawyers.com/wp-content/uploads/2010/11/Peruta-Final-Cert-Petition-1.pdf
The first 2 paragraphs for summary. The question to SCOTUS is at the end below.
I'm not sure why the question is worded exactly as it is; if its because its specific to the scenario in CA, or tailored to the original Peruta case, or to keep it very narrow for some other strategy purpose.
The first 2 paragraphs for summary. The question to SCOTUS is at the end below.
I'm not sure why the question is worded exactly as it is; if its because its specific to the scenario in CA, or tailored to the original Peruta case, or to keep it very narrow for some other strategy purpose.
Under California law, openly carrying a handgun
outside the home is generally prohibited, but
concealed carry is permissible with a license. While
an applicant must demonstrate “good cause” to
obtain a concealed-carry license, county sheriffs
can—and many do—interpret “good cause” to include
a desire to carry a handgun for self-defense. The San
Diego County Sheriff takes a different, and much
more restrictive, approach, defining “good cause” to
require a particularized need for self-defense that
differentiates the applicant from the ordinary citizen.
The majority of a three-judge panel held the Sheriff’s
policy unconstitutional, concluding that ordinary,
law-abiding citizens may not be deprived of the
ability to obtain concealed-carry licenses for selfdefense
when state law already prohibits open carry.
But the majority of an en banc panel reached the
opposite conclusion, holding that the Sheriff may
deny concealed-carry licenses on any terms he
chooses because there is no independent
constitutional right to concealed carry. In reaching
that conclusion, the Ninth Circuit added to the sharp
division among the lower courts over whether the
Second Amendment allows ordinary, law-abiding
citizens to be deprived of all means of carrying a
handgun for self-defense.
The question presented is:
Whether the Second Amendment entitles
ordinary, law-abiding citizens to carry handguns
outside the home for self-defense in some manner,
including concealed carry when open carry is
forbidden by state law.