Concealed Guns NOT Protected by 2nd Amendment, CA Court Says

SAN FRANCISCO -- A federal appeals court ruled in San Francisco today that the constitutional Second Amendment right to bear arms does not include a right to carry concealed guns.

A special 11-judge panel of the 9th U.S. Circuit Court of Appeals ruled by a 7-4 vote on two lawsuits filed by gun owners in San Diego and Yolo counties.

The gun owners argued that a California law on the concealed carry of weapons violated their rights. The law states that citizens must obtain a permit from their county sheriff to carry a concealed gun and must be of good moral character and have "good cause" to gain a permit.

The measure gives sheriffs wide latitude to determine good cause. While some counties grant permits to law-abiding gun owners on demand, the San Diego and Yolo county sheriffs require applicants to prove they are in exceptional danger.

The gun owners contended that when combined with other California laws restricting the open carry of guns, the concealed-carry law "effectively destroyed" their right to bear arms.

But in today's decision, written by Circuit Judge William Fletcher, the court majority said that historical and legal precedents have allowed restrictions on concealed carry. The California law and the varying interpretations by different sheriffs are therefore constitutional, the court said.

Fletcher examined English law going back to 1328 and American law dating back to colonial times.

"Based on the overwhelming consensus of historical sources, we conclude that the protection of the Second Amendment -- whatever the scope of that protection may be -- simply does not extend to the carrying of concealed firearms in public by members of the general public," Fletcher wrote.

The court majority also cited a landmark 2008 U.S. Supreme Court decision written by the late Justice Antonin Scalia, in which the high court by a 5-4 vote also drew on historical precedents and said the right to bear arms extends to individual citizens.

The 9th Circuit majority noted that the Supreme Court decision said some limits on gun possession are allowable and that the high court ruling gave examples of 19th century American courts upholding concealed-carry restrictions. The appeals court said it was not ruling on whether restrictions on the open carry of guns are constitutional because that question was not before the panel.

Chuck Michel, a lawyer for the plaintiffs in the case, said, "My clients are disappointed. An appeal to the Supreme Court is possible."

California Attorney General Kamala Harris said in a statement, "The court's decision is a victory for public safety and sensible gun safety laws. The ruling ensures that local law enforcement leaders have the tools they need to protect public safety."

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