A federal appeals court held that the right of a member of the public to carry a concealed firearm in public is not, and never has been, protected by the Second Amendment.
The combined cases under review, Peruta v. San Diego and Richards v. Yolo County, were historic reversals of lower court rulings issued by the U.S. Ninth Circuit Court of Appeals in 2014 which found that, in both cases, California sheriffs used unconstitutional policies to limit the right to carry under the Second Amendment.
Since the rulings, the cases have been widely cited and have been the impetus to roll back overly strict may-issue permitting practices in a number of areas outside of California, but were set aside and reheard by an 11-judge panel formed for an en banc review last year.
The panel consisted of only two of the original three-judge panel that found for Peruta and Richards, Chief Judge Sidney Runyan Thomas, an appointee of President Clinton who dissented in the initial ruling, and Consuelo María Callahan, an appointment of President George W. Bush who ruled in favor of Mr. Peruta.
The other nine judges are largely a mix of appointments by Democratic Presidents, with the ghosts of Clintons past appearing heavily on the panel:
Judge Harry Pregerson, a 1979 appointment by President Carter Judge Barry G. Silverman, a 1998 appointment by President Clinton Judge Susan Pia Graber, a 1998 appointment by President Clinton Judge M. Margaret McKeown, a 1998 appointment by President Clinton Judge William A. Fletcher,…