Did You Understand Your 2nd Amendment Right to Self-Defense Stops at Your Front Door?

The U.S. Ninth Circuit Court of Appeals in San Francisco, CA … long known for their out-of-the-main-stream views … has decided (ruling 7-4) that the basic human right to self-defense does not apply in much of the western United States.  They upheld a California law requiring residents to show “good cause” for carrying a concealed handgun.  This is a significant blow to gun-rights activists and gun owners … at least until the U.S. Supreme Court (SCOTUS) overrides them.

“We hold that the Second Amendment does not preserve or protect a right of a member of the general public to carry concealed firearms in public,” wrote Judge William A. Fletcher for the 7-judge majority.  Lawmakers are free to enact “any prohibition or restriction a state may choose” on the carrying of concealed guns, Judge Fletcher said.  A 2nd Amendment right to carry a firearm openly in public may exist, but the SCOTUS hasn’t answered that question, Judge Fletcher wrote.

California’s current concealed carry laws operate under “may issue” guidelines, meaning that government may arbitrarily allow or deny concealed carry permits based upon the whim of the controlling legal authority, which in most of California, is your county sheriff. This has resulted in a very uneven issuance of permits based upon the whims of local sheriffs … with many sheriffs denying permits to almost everyone while other sheriffs providing permits to anyone who isn’t prohibited by law.

According to this panel of jurists, the “may issue” permitting scheme that results in what is practically a “no issue” policy in many of California’s most dangerous counties means that there is not right to bear arms outside of your home in California, as California Penal Code 26350 (out-lawing even empty-gun open carry) makes it illegal to open carry in the state as well.

By holding that the state has the right to deprive you of concealed carry on a whim, and holding that the state’s laws against open carry have likewise not been successfully overturned by a higher court, they’ve effectively decided that you do not have any right at all to carry a firearm for your self-defense outside of your home.

While this will no doubt be seen as a victory by supporters of gun control it shouldn’t be; when radical governments and courts are grossly out of touch with the people, citizens simply stop obeying laws they find oppressive and unjust.  Many people are going to determine that their lives and the lives of their loved ones matter more than the opinion of seven judges, and tens-of-thousands of these people are going to simply opt to carry concealed firearms without a permit.

Rev. Dr. Kenneth L. Beale, Jr.

Chaplain (Colonel-Ret), U.S. Army

Pastor, Ft. Snelling Memorial Chapel