Peruta v. County of San Diego, No. 10-56971 (9th Cir. 2014)Annotate this Case
Plaintiffs filed suit challenging California's concealed handgun laws. At issue was whether a responsible, law-abiding citizen had a right under the Second Amendment to carry a firearm in public for self-defense. The court concluded that the right to bear arms included the right to carry an operable firearm outside the home and that carrying weapons for the lawful purpose of self defense was a central component of the right to bear arms. The Second Amendment required that the state permit some form of carry for self-defense outside the home. The California scheme did not allow the typical responsible, law-abiding citizen to bear arms in public for the lawful purpose of self-defense. Because the Second, Third, and Fourth Circuits eschewed history and tradition in their analysis of the constitutionality of such regulations, the court found their approaches unpersuasive. Accordingly, the court concluded that the district court erred in denying plaintiffs' motion for summary judgment on the Second Amendment claim because the County's "good cause" permitting requirement impermissibly infringed on the Second Amendment right to bear arms in lawful self-defense.
The court issued a subsequent related opinion or order on November 12, 2014.
The court issued a subsequent related opinion or order on March 26, 2015.
The court issued a subsequent related opinion or order on June 9, 2016.