Supervisor: Court's Pro-Gun Decision a Win for 'Second Amendment Rights'

Thursday, February 13th, 2014 Issue 07, Volume 18.

RIVERSIDE - Riverside County Board of Supervisors Chairman Jeff Stone today praised a federal court decision favoring gun owners who want to carry concealed handguns for personal defense, saying the ruling was a victory for "Second Amendment rights."

"I'm in shock," Stone said when informed about the 2- 1 decision in Peruta v. County of San Diego. "I can't believe the Ninth Circuit Court of Appeals made a ruling that actually upholds the Constitution."

Stone drew parallels between the court decision and a resolution he authored in November 2009 that called on Riverside County Sheriff Stan Sniff to remove barriers law-abiding residents might otherwise face when applying for concealed firearms permits.

"My resolution stated simply that if a law-abiding person comes forward and says, 'I want to carry a gun for personal protection,' they should be granted that request," Stone said.

The Peruta case involved five San Diego County residents, led by Edward Peruta, who had sought or were considering obtaining permits to carry concealed pistols for protection. According to court papers, the plaintiffs' applications had either been rejected -- or they feared that, based on county criteria, they would be rejected.

The plaintiffs sued the county, alleging violations of their Second Amendment right to keep and bear arms. They specifically pointed to the statewide standard, applied in San Diego and the state's 57 other counties, of requiring gun permit applicants to demonstrate "good cause" in order to justify being granted a permit.

The plaintiffs argued that the criterion was arbitrary and opened the door to abridging "constitutionally protected conduct" rooted in the Second Amendment, according to the Ninth Circuit ruling.

The lawsuit made no headway in state court, resulting in the federal appeal.

Ninth Circuit Judges Diarmuid O'Scannlain and Consuelo Callahan ruled that the Advertisement [ Casa Tiene Vista ] state's "good cause" provision was inconsistent with previous rulings by the U.S. Supreme Court that recognized "the right to protect oneself against public and private violence, thus extending the right in some form to wherever a person could become exposed to ... violence."

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Supervisor: Court's Pro-Gun Decision a Win for 'Second Amendment Rights'