Posted on Tuesday, November 27th, 2012
Case Information: Birdt v. L.A. Sheriff’s Department, Civil No. 12-55115 [DC No. CV-08377-JAK] (9th Cir. Filed November 5, 2012)
At Issue: Challenging California’s concealed carry “good cause” provision and the authority of law enforcement to issue concealed weapons permits. This lawsuit challenges the “good cause” provision contained in California’s concealed carry statute. California law allows an applicant for a concealed carry permit to receive a permit only if he or she has demonstrated to local law enforcement good cause to carry a concealed firearm. Plaintiff argues that the good cause provision violates the Second Amendment to the U.S. Constitution.
Law Center’s Brief: Our brief, filed in support of the Los Angeles Police Department and, more broadly, California’s discretionary concealed carry law, argues that California’s statutory provisions do not fall within the scope of the Second Amendment as it has been interpreted by the U.S. Supreme Court. Moreover, even if the permitting process implicates protected Second Amendment activity, it easily survives the appropriate level of review – intermediate scrutiny – due to the obvious and substantial public safety benefits from carefully limiting the concealed carry of loaded firearms in public.