US Supreme Court Disappoints on Right-to-Carry, but Justice Gorsuch Shines – NRA ILA
Gun owners were justifiably disappointed June 26, when the U.S. Supreme Court refused to hear Peruta v. California. The denial was a setback in NRAs efforts to secure judicial recognition that the Second Amendment protects the right to bear arms outside the home. For now, misguided state and local governments will continue to deny their residents Right-to-Carry.
The Peruta case began back in October 2009, when plaintiff Edward Peruta filed a complaint with the U.S. District Court for the Southern District of California arguing that San Diego County Sheriff William Gore violated his Second Amendment rights. Under Californias permitting law, Gore had wide discretion to deny carry permits to applicants unless they demonstrated good cause for obtaining it. A desire to exercise the Second Amendment right to self-defense did not meet the sheriffs definition of good cause.
At the outset, a key argument for the defense held that San Diegos interpretation of Californias permit law did not extinguish Perutas Second Amendment right, as California did not prohibit individuals from openly carrying an unloaded handgun outside the home. However, in 2011, California enacted a law prohibiting the open carry of handguns.
In 2014, in a tremendously well-reasoned opinion, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit held that San Diegos enforcement of Californias discretionary permitting scheme violated the Second Amendment. In 2016, however, a larger panel of Ninth Circuit judges came to the opposite conclusion. The Ninth Circuit refused to take Californias prohibition on open carry into account, ruling only that the Second Amendment does not protect, in any degree, the carrying of concealed firearms.
However unfortunate, the current cloud over our Second Amendment rights does have a silver lining. Perutas fate confirmed that the newest member of the Supreme Court has a firm commitment to an individuals right to keep and bear arms.
Coinciding with the Courts decision to reject Peruta, Justice Clarence Thomas issued a blistering dissent from the courts denial. He was joined by the newest member of the Court, Justice Neil Gorsuch.
Thomas admonished the Ninth Circuits failure to address Californias entire carry scheme as indefensible. Joined by Gorsuch, he went on to explain that the Supreme Court has already suggested that the Second Amendment protects the right to carry firearms in public in some fashion.
Moreover, Thomas addressed the Courts recent substandard treatment of the Second Amendment, calling this development a distressing trend and inexcusable.
Gorsuchs actions represent a major victory for gun owners and reminder of how important elections truly are. Following the unexpected death of Justice Antonin Scalia in February 2016, gun owners faced the prospect of a Court that would pervert the Second Amendment to eliminate its protections for our individual right to keep and bear arms. But gun owners rose to the challenge, putting pressure on their Senators to reject Barack Obamas anti-gun nominee, Merrick Garland. Illustrating the importance gun rights supporters played in this battle, the New York Times editorial page whined, The Senate Defers to the N.R.A.
Gun rights supporters went on to make the Court a pivotal issue in the 2016 presidential campaign, one that helped put Donald Trump in the White House. And when several senators threatened to block any Trump Court pick, NRA stood by the presidents nominee.
Gorsuchs participation in Thomass forceful dissent is tangible evidence that he respects the Second Amendment and the individual right it guarantees.
Moreover, Peruta was not the last chance gun owners will have to vindicate our Right-to-Carry before the Court. A response to the Ninth Circuits ruling in Peruta Flanagan v. Becerra challenges Californias open carry prohibition. And Grace v. District of Columbia is yet another case that may have a critical bearing on our Right-to-Carry in public by challenging the Districts highly restrictive permit regime. In addition to those current cases, more lawsuits are on the way.
Gun owners, just as Justices Thomas and Gorsuch, are right to be disappointed in the Courts recent treatment of the Second Amendment. What we should not do is become discouraged. Gun rights supporters would do well to recall the decades of scholarship, activism, and litigation that led to our victories in District of Columbia v. Heller and McDonald v. Chicago. As long as Second Amendment supporters are resolute in our purpose and work to ensure the appointment of judges and justices that respect our rights, the Second Amendment will once again win at the highest court.
Read the rest here:
US Supreme Court Disappoints on Right-to-Carry, but Justice Gorsuch Shines - NRA ILA
- NRA-ILA demonstrates its influence in advancing Second Amendment causes - Buckeye Firearms Association - December 18th, 2024 [December 18th, 2024]
- Availability of a second Amendment to the 2023 Universal Registration Document - Yahoo Finance - December 14th, 2024 [December 14th, 2024]
- Justices Thomas, Alito, and Gorsuch Signal Readiness to Revisit Second Amendment Licensing Disputes - USA Herald - December 14th, 2024 [December 14th, 2024]
- Supreme Court Passes On Chance To Correct Hawaii Ruling Finding Spirit Of Aloha Trumps Second Amendment - Daily Caller - December 10th, 2024 [December 10th, 2024]
- AG nominee Pam Bondi's mixed record on Second Amendment raises 'red flags' - Buckeye Firearms Association - December 8th, 2024 [December 8th, 2024]
- Nearly 100 Anti-Second Amendment Measures Proposed To Texas Legislature - Firearms News - December 8th, 2024 [December 8th, 2024]
- Sen. Cruz Takes Stand to Stop Mexico from Violating U.S. Constitution & Second Amendment - Texas Border Business - December 8th, 2024 [December 8th, 2024]
- Sen. Cruz Leads Bicameral Amicus Urging Supreme Court to Uphold American Sovereignty and the Second Amendment - TexasGOPVote - December 8th, 2024 [December 8th, 2024]
- The bill aims to protect Texans Second Amendment rights by blocking enforcement of extreme risk protective orders - The Dallas Express - December 8th, 2024 [December 8th, 2024]
- Trumps New Attorney General Pick Should Face Tough Questions at Confirmation. She Flouts the Second Amendment - The Stream - November 26th, 2024 [November 26th, 2024]
- Ames Moot Court Competition takes on the Second Amendment - Harvard Law School - November 26th, 2024 [November 26th, 2024]
- State Leaders Take Aim at the Second Amendment - The Dallas Express - November 26th, 2024 [November 26th, 2024]
- Trump's victory over Harris proves 'Second Amendment won,' gun rights groups say - Fox News - November 16th, 2024 [November 16th, 2024]
- Mecklenburg Co. Sheriff's Office stripping sober gun owners of their Second Amendment right - WCNC.com - November 16th, 2024 [November 16th, 2024]
- Where John Thune Stands on Gun Control and the Second Amendment - Guns.com - November 16th, 2024 [November 16th, 2024]
- Elections have consequences, particularly when it comes to the Second Amendment - Rome Sentinel - November 10th, 2024 [November 10th, 2024]
- Analysis: Can Arms in Common Use be Banned Under the Second Amendment? [Member Exclusive] - The Reload - November 2nd, 2024 [November 2nd, 2024]
- Where the Harris/Walz Ticket Stands on the Second Amendment - Catalyst - November 2nd, 2024 [November 2nd, 2024]
- Harris Claims She, Not Trump, Will Defend the Second Amendment | An Official Journal Of The NRA - America's 1st Freedom - November 2nd, 2024 [November 2nd, 2024]
- An NRA Shooting Sports Journal | Royce Gracie Speaks Out About NRA And The Second Amendment - Shooting Sports USA - October 29th, 2024 [October 29th, 2024]
- Future of SCOTUS and Second Amendment rights on the ballot - Buckeye Firearms Association - October 29th, 2024 [October 29th, 2024]
- A Second Amendment Rally Like No Other - MSN - October 29th, 2024 [October 29th, 2024]
- Second Amendment Voters Arent Buying Harriss Pandering But Theyre Glad She Feels Compelled to Try - National Review - October 29th, 2024 [October 29th, 2024]
- Elon Musk Gets to the Basis of the Second Amendment | An Official Journal Of The NRA - America's 1st Freedom - October 29th, 2024 [October 29th, 2024]
- Hovde and Baldwin on the Second Amendment and gun control - PBS Wisconsin - October 21st, 2024 [October 21st, 2024]
- Kamala Harris claims she's got a gun, but Second Amendment supporters say good luck getting yours - Fox News - October 14th, 2024 [October 14th, 2024]
- Trump fans fear for Second Amendment at festival of God, guns and motorcycles - FRANCE 24 English - October 14th, 2024 [October 14th, 2024]
- Second Amendment Roundup: The VanDerStok Argument - Reason - October 14th, 2024 [October 14th, 2024]
- Second Amendment Roundup: ATF's Wish to Trace More Firearms Doesn't Justify Redefining "Firearm" - Reason - October 3rd, 2024 [October 3rd, 2024]
- Harris and Walz Are Gunning for the Second Amendment - Heritage.org - October 3rd, 2024 [October 3rd, 2024]
- Travis Kelce slams NFL for punishing player over gun celebration: 'It's my second amendment! I have the right - Daily Mail - October 3rd, 2024 [October 3rd, 2024]
- Massachusetts Governor Healey Subverts Democratic Process And The Second Amendment - The Truth About Guns - October 3rd, 2024 [October 3rd, 2024]
- Local leaders take part in Peterborough Town Library discussion on Second Amendment - Monadnock Ledger Transcript - October 3rd, 2024 [October 3rd, 2024]
- An Official Journal Of The NRA | Kamala Harris Would Destroy The Second Amendment - America's 1st Freedom - September 28th, 2024 [September 28th, 2024]
- Rep. Tenney Recognized for Support of the Second Amendment - Finger Lakes Daily News - September 28th, 2024 [September 28th, 2024]
- Amy Swearer: Harris and Walz are gunning for the Second Amendment - Arizona Daily Star - September 28th, 2024 [September 28th, 2024]
- Amy Swearer: Harris and Walz are gunning for the Second Amendment - Quad-City Times - September 28th, 2024 [September 28th, 2024]
- Lower courts willingly thumb nose at SCOTUS over Second Amendment - Buckeye Firearms Association - September 28th, 2024 [September 28th, 2024]
- Glenn Grothman will defend our Second Amendment rights -- Nathan Pollnow - Madison.com - September 26th, 2024 [September 26th, 2024]
- The Second Amendment Bible Review: A Comprehensive Guide to Gun Rights and Ownership - Journal of the San Juan Islands - September 26th, 2024 [September 26th, 2024]
- Letter to the Editor: Second Amendment rights - Newton Daily News - September 26th, 2024 [September 26th, 2024]
- The Second Amendment Bible Review: A Must-Have for Every Gun Owner? - The Daily World - September 26th, 2024 [September 26th, 2024]
- NSSF Urges All Gun Owners and Second Amendment Supporters to Register to Vote and #GUNVOTE on November 5th - National Shooting Sports Foundation - September 26th, 2024 [September 26th, 2024]
- Kamala Harris for the castle doctrine, and the Second Amendment - Daily Kos - September 22nd, 2024 [September 22nd, 2024]
- People gather for Second Amendment march - WLNS - September 22nd, 2024 [September 22nd, 2024]
- Kamala Harris on Second Amendment Support, Gun Law Reform: 'Somebody Breaks in My House, Theyre Getting Shot' - Yahoo Entertainment - September 22nd, 2024 [September 22nd, 2024]
- NSSF Urges All Gun Owners and Second Amendment Supporters to Register to Vote and #GUNVOTE on November 5th - PR Newswire - September 22nd, 2024 [September 22nd, 2024]
- Harris and Walz: Gunning for the Second Amendment - Bradford Era - September 22nd, 2024 [September 22nd, 2024]
- Column: Harris and Walz are gunning for the Second Amendment - The Virginian-Pilot - September 22nd, 2024 [September 22nd, 2024]
- Amy Swearer: Harris and Walz are gunning for the Second Amendment - Madison.com - September 22nd, 2024 [September 22nd, 2024]
- AMY SWEARER: Harris and Walz: Gunning for the Second Amendment - Indiana Gazette - September 22nd, 2024 [September 22nd, 2024]
- Kamala Harris Opens Up About Gun Ownership and the Second Amendment - La Voce di New York - September 22nd, 2024 [September 22nd, 2024]
- OPINION SHAPER: Addressing mass shootings in the context of the second amendment - The Post and Courier - September 19th, 2024 [September 19th, 2024]
- The Second Amendment is the hill we are literally willing to die on - The Courier - September 19th, 2024 [September 19th, 2024]
- Defensive Gun Use Shows Second Amendment Remains Necessary, Even After Tragedies - Daily Signal - September 16th, 2024 [September 16th, 2024]
- How the Supreme Court Broadened the Second Amendment - The Trace - September 16th, 2024 [September 16th, 2024]
- Kamala Harris reminded voters she owns a gun during debate. Heres her stance on the Second Amendment - The Independent - September 16th, 2024 [September 16th, 2024]
- Second Amendment sales tax holiday expected to draw in big crowds in Mississippi - WLBT - August 31st, 2024 [August 31st, 2024]
- Massachusetts reverses switchblade carry ban, saying they are protected under Second Amendment - The Independent - August 31st, 2024 [August 31st, 2024]
- Second Amendment Sales Tax Holiday in Mississippi set for this weekend - Kosciusko Star Herald - August 31st, 2024 [August 31st, 2024]
- Second Amendment Sales Tax Holiday begins August 30th - WXXV News 25 - August 31st, 2024 [August 31st, 2024]
- Church gives away AR-15 in raffle to celebrate Independence Day - WFXL FOX 31 - July 10th, 2024 [July 10th, 2024]
- Could medical cannabis users lose their Second Amendment rights? | - 1819 News - July 10th, 2024 [July 10th, 2024]
- Jefferson Said 'Beauty of 2nd Amendment' Is It's Not Needed 'Until They Try To Take It'? - Snopes.com - June 16th, 2024 [June 16th, 2024]
- BOB BARR: When It Comes To The Second Amendment, The More Things Change The More They Remain The Same - MDJOnline.com - June 16th, 2024 [June 16th, 2024]
- Craig DeLuz: What the Supreme Court's Bump Stocks Ruling Means for the Second Amendment and Separation of ... - National Center for Public Policy... - June 16th, 2024 [June 16th, 2024]
- Trump defied the NRA to ban bump stocks, now says he 'did nothing' to restrict guns - FOX 29 - June 16th, 2024 [June 16th, 2024]
- The Rational Ruling on Bump Stocks - The New York Sun - June 16th, 2024 [June 16th, 2024]
- Theres a First Amendment right to express Second Amendment views - Washington Examiner - June 2nd, 2024 [June 2nd, 2024]
- SCOTUS unanimous for NRA in First Amendment battle - Buckeye Firearms Association - June 2nd, 2024 [June 2nd, 2024]
- How the Second Amendment Came From Our Biblical Heritage - The Stream - June 2nd, 2024 [June 2nd, 2024]
- Amateur Gunsmith Told by N.Y. Judge the Second Amendment 'Doesn't Exist' in Her Courtroom Gets 10 Years in Prison - The New York Sun - May 15th, 2024 [May 15th, 2024]
- Circuit Court Rules for Nonviolent Criminal In 2nd Amendment Case - Firearms News - May 15th, 2024 [May 15th, 2024]
- Ninth Circuit finds that convicted felons also have Second Amendment rights - White Mountain Independent - May 15th, 2024 [May 15th, 2024]
- To gun control elitists, 'bitter clingers' are also 'poor souls' - Buckeye Firearms Association - May 15th, 2024 [May 15th, 2024]
- Ninth Circuit panel: Convicted felons have Second Amendment rights - Buckeye Firearms Association - May 15th, 2024 [May 15th, 2024]
- Hawaii Supreme Court Justice Todd Eddins condemns the bogus originalism of SCOTUS. - Slate - May 15th, 2024 [May 15th, 2024]
- Wyoming joins 21-State Coalition in Lawsuit in Defending Second Amendment Rights from Federal Overreach - The Cheyenne Post - May 15th, 2024 [May 15th, 2024]
- Ninth Circuit Panel Concludes That Some Felons May Have Second Amendment Rights - Reason - May 11th, 2024 [May 11th, 2024]
- Federal judge finds no right to bear arms for protection of drug stash - Maryland Daily Record - May 11th, 2024 [May 11th, 2024]