Concealed Weapons Advocates Ask for 28-Judge Review

Pro-gun activists have asked the entire 28-judge federal appeals court to reconsider the ruling of its 11 judges that there is no constitutional right to carry concealed weapons in public.

The 9th U.S. Circuit Court of Appeals has provisions that allow for such a rehearing but the entire court has never agreed to such a full-court rehearing after an 11-judge panel has ruled.  The last stop for this case would by the U.S. Supreme Court, if the 9th Circuit declines the petition.

Earlier this month, the appeals court voted 7-4 to uphold a ruling that members of the general public cannot receive licenses to carry concealed firearms in public without “good cause.”

California law recognizes good cause exceptions to allow carrying of concealed weapons by active or retired peace officers, guards, messengers for financial institutions, security guards, animal control officers and zookeepers. The state law also does not apply to licensed hunters or fishermen while engaged in the sport or to target ranges.

A local sheriff may authorize “good cause” and it may include people who have restraining orders against a violent person or other justification.

The 11-judge majority rejected claims of Second Amendment and Fourteenth Amendment violations.

If the pro-gun groups fail to win a vote for reconsideration by the full 28-judge court, the last step would be the U.S. Supreme Court.  But with an 8-member court, if the high court took the case and the vote ended in a tie, the 9th Circuit’s decision would stand.

Case: Peruta v. San Diego County, No. 10-56971

 

 

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