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A San Francisco federal appellate court ruled Thursday afternoon that the Second Amendment right to keep and bear arms does not extend to a right to carry concealed weapons.
In a divided 7-4 decision likely to be appealed to the Supreme Court, the 9th U.S. Circuit Court of Appeals panel upheld a California statute that allows local law enforcement to place significant restrictions on one’s ability to obtain a concealed carry permit, according to Fox News.
“We hold that the Second Amendment does not preserve or protect a right of a member of the general public to carry concealed firearms in public,” Judge William A. Fletcher wrote in the majority opinion.
The case has its roots in a challenge to a San Diego sheriff’s requirement that applicants demonstrate a need to carry — such as a restraining order — before he would approve a permit.
Thursday’s decision overturns a 2014 three-judge panel’s decision by the same court that held that applicants only need to express a general desire to carry for safety concerns.
Writing a dissenting opinion, Circuit Judge Consuelo M. Callahan said the majority ruling was an infringement on the Second Amendment’s right to bear arms.
“In the context of present-day California law, the Defendant counties’ limited licensing of the right to carry concealed firearms is tantamount to a total ban on the right of an ordinary citizen to carry a firearm in public for self-defense,” he wrote.
“Because the majority eviscerates the Second Amendment right of individuals to keep and bear arms as defined by Heller and reaffirmed in McDonald, I respectfully dissent,” Callahan said.
The National Rifler Association said that the court was “out of touch,” according to The Associated Press.
“This decision will leave good people defenseless, as it completely ignores the fact that law-abiding Californians who reside in counties with hostile sheriffs will now have no means to carry a firearm outside the home for personal protection,” NRA legislative chief Chris W. Cox said.
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Clip via Fox News Channel.
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