A three-judge panel of the Ninth Circuit has just held that carrying a gun in public is a fundamental civil right. In the opinion, from a case called Peruta v. County San Diego, the Ninth Circuit stated that the Second Amendment's use of the term “bear” unambiguously means (and was understood to mean when the Amendment was added) carrying a gun in public. Given that self-defense is fundamental to the Second Amendment, this means that typical, law-abiding people have a civil right to carry operable guns in public for self-defense.
The Ninth Circuit held that California can prohibit people from openly carrying a gun in public or carrying a concealed gun. But it can't prohibit law-abiding people from doing both – which California currently does. Under California's laws, no one is allowed to openly carry a gun in public for self-defense (with very limited exceptions). While California does allow sheriffs and police chiefs to issue licenses to carry concealed weapons, San Diego's sheriff (and many other sheriffs and police chiefs) refuses to grant these licenses to typical, law-abiding people. Instead, these sheriffs and police chiefs require applicants to show “good cause,” which they interpret to mean a demonstrable risk of being victim of a violent crime higher than the typical person. Since most people in California are not at heightened risk, California's system as applied is unconstitutionally infringing most Californians' civil rights. If California makes a license to carry a concealed license the only way to carry a gun in public for self-defense, California must make that option available to typical, law-abiding Californians.
As noted in the opinion, this means that there is now a significant split in America. Several federal circuit courts (the Second, Third, and Fourth) have held that states can prohibit typical, law-abiding people from carrying a gun in public for self-defense. Moreover, the Ninth Circuit's Peruta opinion states not only states that the Second, Third, and Fourth Circuits came to the wrong decision, but implies that these Circuits willfully misapplied the Constitution. Given the clear split in interpretation, the Supreme Court is now much more likely to consider a case that involves the right to carry a gun in public. In fact, the Supreme Court is scheduled to consider whether it will hear a case that involves this issue on February 21, 2014.
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Does this mean that you should run to your nearest sheriff's office or police department to apply for a license to carry? Probably not. The County of San Diego has publicly stated that it intends to ask an eleven judge panel to reconsider the case. Counties and cities which currently refuse to issue licenses to carry to typical, law-abiding people probably won't change their policies until San Diego's request is resolved. On the other hand, it might be worthwhile to visit your local issuing authority to ask about the current policy for issuing licenses to carry. But, what you do is up to you. That's the beauty of civil rights.
Image by Oleg Volk.
