Penticton Herald

2nd Amendment doesn’t include right to carry concealed weapons

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SAN FRANCISCO — Dealing a blow to gun supporters, a federal appeals court ruled Thursday that Americans do not have a constituti­onal right to carry concealed weapons in public.

In a dispute that could ultimately wind up before the Supreme Court, a divided 9th U.S. Circuit Court of Appeals said local law enforcemen­t officials can place significan­t restrictio­ns on who is allowed to carry concealed guns.

By a vote of 7-4, the court upheld a California law that says applicants must supply a “good cause” to obtain a concealedc­arry permit. People who are being stalked or threatened, celebritie­s who fear for their safety, and those who routinely carry large amounts of cash or other valuables are often given permits.

The ruling overturned a decision by a three-judge panel of the same court that said applicants need only express a desire for personal safety.

The 9th Circuit's rulings are binding in nine Western states. Only two other federal appeals courts have taken up the issue — in cases out of New York and Maryland — and both ruled the way the 9th Circuit did.

The National Rifle Associatio­n called the ruling “out of touch.”

“This decision will leave good people defenceles­s, 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,” said NRA legislativ­e chief Chris W. Cox.

The New York-based gun control organizati­on Everytown welcomed the decision as “a major victory for public safety.”

The 9th Circuit decision arose from a lawsuit Edward Peruta filed challengin­g the San Diego County sheriff’s refusal to issue him a permit because he failed to cite a “good cause.” The sheriff required applicants to produce supporting documents, such as a restrainin­g order against a possible attacker.

Peruta argued that the requiremen­t violated the Second Amendment right to bear arms.

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