Neil Gorsuch, newly sworn in as an associate justice on the U.S. Supreme Court, is taking his seat at a busy time for the court. Beginning this week, the Court will meet in conference to decide what cases it will hear in the near future, and the future of the right to keep and bear arms could depend on the outcome.
In the Peruta case, which is one of the cases up for consideration this week, the 9th Circuit Court of Appeals originally concluded in a 2-1 decision that San Diego County is violating the constitutional rights of residents by not recognizing self-defense as a valid reason to acquire a concealed-carry license. The judges found that the denial of a concealed-carry license, coupled with California’s ban on the open carrying of firearms, amounts to an infringement on the right to keep and bear arms. However, that decision was overturned by a broader panel of judges on the 9th Circuit. In the en banc decision, the 9th Circuit held that “there is no Second Amendment right to carry a concealed firearm in public.” What about the open carry ban? The en banc review claimed that the question was beyond the scope of the lawsuit and would require additional litigation before the constitutionality of an open carry ban could be addressed.
by Cam Edwards