Concealed Carry: Gun Control Cases

INTRODUCTION
Guns. It is a topic that the Supreme Court hasn’t dealt with since Heller v. District of Columbia in 2008, and they have not looked poised to take it on anytime soon. However, a new case has found it’s way into the 9th Circuit: Peruta v. San Diego County. Due to the duration of time between Heller and Peruta the courts have been forced to rule on Second Amendment cases without the guidance of the Supreme Court. Peruta is now forcing the courts to begin examining the Second Amendment again and looking into what rights American citizens are given from it. This case has risen several questions that concerned citizens want the court to finally answer: What will happen to gun rights around the country if the case is ruled in favor of

The review expanded from pre-Second Amendment times in England and up through the 1800’s America. From their historical review, the court determined that beneath English laws concealed carry has been regulated and prohibited since the mid 1500’s. The court viewed the Second Amendment narrowly, taking note that the Second Amendment does not explicitly say that citizens have the right to “carry concealed.” Due to the consistency of state courts ruling on the Second Amendment and concealed carry the en banc court held that the Second Amendment does not, to any degree, guarantee any citizen the right to carry concealed firearms in

Four dissenting judges believed that the full legal context of the Second Amendment should have been reviewed. Heller v. District of Columbia was brought into question for the dissent and how it addressed concealed carry restrictions. According to the dissent the Heller case ensured that the government was not to deprive its citizens of a constitutional right to carry firearms and that concealed carry extended beyond private property. In a separate dissent, Judge Silverman and Judge Bea argued that the near complete refusal of certain counties to administer concealed carry permits would fail to pass any form of scrutiny. The dissent also stated that, while statistically insignificant, concealed carry may not reduce the violent crime rates; however, they do not contribute to more of it. For the dissent, Peruta is not necessarily about just the right to conceal carry but instead the full context of the Second Amendment which states the people have the right to bear