9th U.S. Circuit Court of Appeals,
Constitutional Law,
U.S. Supreme Court
Feb. 19, 2014
Concealed weapon ruling ignores US high court precedent
No Supreme Court case ever has found or even implied that the Second Amendment includes a right to carry a concealed weapon.
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
The 9th U.S. Circuit Court of Appeals' Feb. 13 opinion in Peruta v. County of San Diego went further in protecting the rights of gun owners than almost any decision in American history. In a surprising 2-1 decision, the 9th Circuit declared unconstitutional at least a part of the California law that requires a permit for an individual to carry a concealed weapon. The decision found a Second Amendment right for individuals to carry concealed weapons in public and calls into questio...
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