DOROTHY MCKAY V. SANDRA HUTCHENS, No. 12-57049 (9th Cir. 2016)

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FILED NOT FOR PUBLICATION SEP 7 2016 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT DOROTHY MCKAY; DIANA KILGORE; PHILLIP WILLMS; FRED KOGEN; DAVID WEISS; THE CRPA FOUNDATION, Plaintiffs - Appellants, No. U.S. COURT OF APPEALS 12-57049 D.C. No. 8:12-cv-01458-JVS-JPR MEMORANDUM* v. SHERIFF SANDRA HUTCHENS, individually and in her official capacity as Sheriff of Orange County, California; ORANGE COUNTY SHERIFF CORONER DEPARTMENT, Defendants - Appellees. Appeal from the United States District Court for the Central District of California James V. Selna, District Judge, Presiding Argued and Submitted October 7, 2013 Pasadena, California Before: PREGERSON, WARDLAW, and TALLMAN, Circuit Judges. On November 12, 2013, we vacated submission and stayed proceedings * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. pending resolution of Peruta v. County of San Diego, No. 10-56971. We now resubmit the case and affirm the district court’s judgment. In Peruta, 824 F.3d 919 (9th Cir. 2016) (en banc), we held that a member of the general public does not have a right under the Second Amendment to carry a concealed firearm in public, and that a state may impose any restriction, including a showing of good cause, on concealed carry. Id. at 939. The San Diego and Yolo County Sheriff’s Department policies interpreting the California statutory good cause requirement therefore survived a Second Amendment challenge. Id. For the same reasons, the Orange County Sheriff-Coroner Department’s policy regarding good cause to issue a concealed carry license does not violate the Second Amendment, and we affirm the district court’s order denying a preliminary injunction to prohibit enforcement of the policy. AFFIRMED. 2

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