A San Francisco-based appeals court dealt the gun rights movement a major setback Thursday by ruling there is no Second Amendment right that allows people to carry a concealed weapon.
“As the uncontradicted historical evidence overwhelmingly shows, the Second Amendment does not protect, in any degree, the right of a member of the general public to carry a concealed weapon in public,” the U.S. Court of Appeals for the Ninth Circuit said in its opinion.
Judge William Fletcher wrote in his majority opinion that a Second Amendment right to carry a weapon openly in public may exist, but he said the Supreme Court hasn’t answered that question yet. Fletcher is an appointee of President Clinton.
In her dissent, Judge Consuelo Callahan said the Second Amendment demands individuals be permitted to carry a weapon in self-defense, either openly or concealed.
The Ninth Circuit encompasses Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington. The decision aligns with the rulings of three other appeals courts: the Second, Third and Fourth circuits. However, it contradicts a ruling in the Seventh Court, the Wall Street Journal reported.
The case was brought by gun owners in San Diego and Yolo counties who had sought concealed carry licenses, but were allegedly denied because they did not meet the state’s requirements proving “good cause.” Those “good cause” policies were written by county sheriffs.
