Federal appeals court upholds Calif.’s ‘firearm-restriction in public’ law
A federal appeals court in California on Thursday upheld the state’s controversial law that restricts who can carry a concealed firearm in the public, retriggering a nationwide debate over Americans’ Second Amendment rights.
The U.S. Court of Appeals for the 9th Circuit’s 7-4 decision reversed a previous ruling from its three-judge panel that had struck down two California counties’ restrictions based on the state law.
Judge William Fletcher ruled that the Second Amendment of the American Constitution doesn’t protect the carrying of concealed guns by a member of the general public.
Pronouncing the decision, Judge Fletcher added, “Judges need not, and do not, answer the question of whether or to what degree the Second Amendment might or might not protect a right of a member of the general public to carry firearms openly in public.”
The Golden State’s law generally requires residents to show “good cause” to be allowed carry a concealed firearm. In other states, firearm licenses are issued to citizens without felony convictions who aren’t considered dangerous or mentally unstable.
The appeals court’s decision conforms to most other court rulings in cases from many other states, including Illinois, New Jersey, New York and Maryland, declaring that states have the power to limit the open as well as concealed carrying of firearms in public. However, a majority of U.S. states allow their residents to carry firearms in public with few restrictions.
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