LI: BREAKING: 9th Circuit Rules No 2nd Amendment Right to Carry Concealed Weapon


From my post over at Legal Insurrection:

Today the 9th Circuit Court of Appeals, sitting en banc, finally released its long awaited opinion in the Second Amendment case of Peruta. The core issue in that case is whether the Second Amendment provides an individual right of the general, law-abiding public to bear concealed arms in public places.  The full decision is embedded at the bottom of this post.

In short, today’s 9th Circuit decision states that:

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.

The majority arrives at this conclusion having applied intermediate scrutiny, rather than either strict scrutiny (almost invariably finds a constraint to be unconstitutional) or rational basis (almost invariably finds a constraint to be constitutional), to the dispute. In District of Columbia v. Heller the Supreme Court held that rational basis was an inappropriate level of scrutiny to evaluate claims of Second Amendment infringement, but left open the door for intermediate scrutiny.

As this opinion shows, allowing for intermediate scrutiny in practice is little different in the hands of anti-Second Amendment judges than allowing them to apply rational basis—every gun control restraint will survive scrutiny, and the Second Amendment effectively loses all meaning.

To read the whole thing, click here.