Last week, the case Peruta v. California took the next step towards potential judicial review of California’s extremely restrictive concealed carry permit system. A group of California gun owners, along with the California Rifle and Pistol Association, filed a petition for writ of certiorari on January 12, asking the Supreme Court to review the case in the upcoming term. The plaintiffs in the case are hoping to grant the basic right to carry a concealed firearm for protection for gun owners without a criminal record. 

 

Peruta v. California made history in 2014 when three judges of the Ninth Circuit ruled that the San Diego County’s restrictive “good cause” policy regarding the issuance of a concealed carry permits violated the Second Amendment. However, the Ninth Circuit decided to rehear the case “en banc,” with all 11 judges of the Ninth Circuit on the bench. They ruled to overturn the original 3-judge panel opinion in June 2016.

 

In their request to SCOTUS, the petitioners ask “whether the Second Amendment entitles ordinary, law-abiding citizens to carry handguns outside the home for self-defense in some manner, including concealed carry when open carry is forbidden by state law.” The full petition for writ of certiorari can be found here.

 

The NRA-ILA recently highlighted the importance of the court’s makeup when considering this case, writing:

 

Now, with the important question of what it means to “bear arms” before the court, the need to fill Justice Scalia’s vacant seat on the Court with a justice who understands the original meaning of the Second Amendment is more important than ever before.  Fortunately, Justice Scalia provided clear guidance on the meaning of the Second Amendment for the Court’s next justice.  Writing for the majority in Heller, he found that the Second Amendment “guarantee[s] the individual right to possess and carry weapons in case of confrontation.”

 

If certiorari is granted, the case will head to the court just as President-elect Donald Trump’s nominee would be set to join the bench later this year.