Thursday, February 13, 2014

Ninth Circuit Strikes Down San Diego's CCW Policy

Today, in Peruta v. County of San Diego, the federal Court of Appeals for the Ninth Circuit struck down California's law about concealed weapons permits as a violation the the Second Amendment right to bear arms.  California law says a person has to have "good moral character," complete a training course, and have "good cause" to get CCW.  Sheriffs and police departments have their own policies about when to issue the permits.

This case was about San Diego's application of the law.  In San Diego, the sheriff's department required CCW applicants to "provide supporting documentation" to show good cause.  It also said being concerned about "one's personal safety alone is not considered good cause."  The court said this policy violates the Second Amendment.

The court found, "the right to bear arms includes the right to carry an operable firearm outside the home for the lawful purpose of self-defense."  Accordingly, the court struck down San Diego's requirement that CCW applicants had to have more of a reason than self-defense.

The court stressed that its decision does not affect restrictions on carrying or possessing firearms by criminals or the mentally ill or in sensitive places, like schools.