Thursday, November 13, 2014
Major Victory in 9th Circuit
Peruta v. County of San Diego (0th Cir, 2014) was decided a while back in favor of shall-issue on conceqled carry permits, the California A-G and the Brady Campaign both file an appeal asking permission of the 9th Circuit to file an appeal defending the current law. The 9th Circuit said too late. the existing decision holds. This also means there is a circuit split about whether the Second Amendment requires shall-issue, meaning the Supreme Court might well hear an appeal.
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As i understand it, the California case is a result of the recent ban on open carry there. The court decided that having open carry *or* wide concealed carry was sufficient to meet the requirements of the Second Amendment, but that banning both was too much.
ReplyDeleteSo there may not be an actual circuit split.
It is true that the open carry ban means that concealed carry has to be possible, but most of the states that are still may-issue ban open carry as well.
ReplyDelete