In the continual struggle with the judiciary to secure rights that judges too often think they grant us, we win some fights and appeal others—to the Supreme Court, to Congress, and to public opinion. In the latter case, we make it clear to our leaders that we want our rights to be protected rather than curtailed, and if they can’t find a way to do that, we’ll replace them.
An example of this is the ruling of the 9th Circuit Court of Appeals that find there to be no right protected by the Second Amendment to carry a concealed handgun outside of one’s own home. This is the latest in the Peruta case that is on its way up from San Diego to the Supreme Court.
To review, California law allows local law enforcement to determine what constitutes “good cause” as a requirement for issuing a concealed carry license. The ruling quotes Blanca Pelowitz, Manager of the San Diego Sheriff’s Department License Division on this question: “Good cause . . . is defined by this County to be a set of circumstances that distinguish the applicant from the mainstream and causes him or her to be placed in harm’s way. Simply fearing for one’s personal safety alone is not considered good cause.” This is clarified by adding examples of people who either have suffered violent crimes against them or can produce documentation of threats, who are business owners who transport high value goods or cash, or people in areas where…