Posts Tagged ‘Peruta v. County of San Diego’

(Update: The Ninth Circuit has posted audio of the arguments in Peruta v. County of San Diego, Richards v. Prieto, and Baker v. Kealoha.)

This Thursday, December 6th, the Ninth Circuit Court of Appeals in San Francisco will consider an issue of critical importance to the safety of our communities: whether the Second Amendment guarantees the right to carry a concealed, loaded handgun in public places.

Three cases being heard on Thursday morning involve challenges to state laws in California and Hawaii that require an applicant for a concealed carry license to show a legitimate need to carry a weapon.

We’ve been supporting defense counsel with our Second Amendment expertise because we know how important these cases are. Favorable decisions here could reaffirm law enforcement’s ability to protect public safety by limiting the number of people carrying hidden, loaded handguns in California and Hawaii.

The three cases being heard by the Ninth Circuit are Peruta v. County of San Diego (challenging San Diego County’s application of the California law), Richards v. Prieto (challenging Yolo County’s application of the same law), and Baker v. Kealoha (challenging Hawaii’s law).

For more about these cases, read our amicus briefs in Peruta and Richards. If you live in the Bay Area, oral arguments are open to the public, and the Ninth Circuit courthouse is located at 95 7th Street in San Francisco. On Friday, audio and video of the arguments will be available on the Ninth Circuit’s web site.

These cases will undoubtedly have nationwide significance in this emerging area of Second Amendment jurisprudence. The Second Circuit recently upheld New York’s discretionary concealed carry law in a great decision, and similar cases are also pending in the Third and Fourth Circuits.

States that have strong laws regulating the carrying of concealed weapons currently face a number of significant lawsuits challenging these laws on Second Amendment grounds. On September 30, LCPGV urged the Ninth Circuit Court of Appeals to reject a Second Amendment challenge to California’s concealed carry law in an amicus brief in Richards v. Prieto. Richards is the second of a number of similar challenges to laws nationwide to be reviewed by a federal appellate court, following Peruta v. County of San Diego.

LCPGV’s brief was joined by the Major Cities Chiefs Association, the Association of Prosecuting Attorneys, and San Francisco District Attorney George Gascón. The brief urges the Ninth Circuit to find that the Second Amendment does not guarantee the right to possess a loaded, hidden handgun in public, and that the California law is vital to protect the safety of law enforcement and the general public. LCPGV is very grateful to Covington & Burling LLP for authoring the brief.

In states like California, where the gun lobby has failed to weaken concealed weapons licensing laws in the legislature, it now seeks to overturn those laws in the courts. LCPGV recently urged the Ninth Circuit Court of Appeals to reject a Second Amendment challenge to California’s concealed carry law in an amicus brief filed on August 19 in Peruta v. County of San Diego. The Peruta case is the first of a number of similar challenges to laws nationwide to be reviewed by a federal appellate court.

Joined by the Major Cities Chiefs Association, the Association of Prosecuting Attorneys, and San Francisco District Attorney George Gascón, LCPGV’s brief urges the Ninth Circuit to find that the Second Amendment does not guarantee the right to possess a loaded, hidden handgun in public, and that the California law is vital to protect the safety of law enforcement and the general public. LCPGV is very grateful to Covington & Burling LLP for authoring the brief.