The Ninth Circuit en banc ruled today that concealed carry is not a Second Amendment right and California can require applicants for CCW permits to demonstrate a good reason for carrying a gun in public beyond a general desire for self-defense. The 11-judge decision overturns an earlier 3-judge ruling by the same court. Read story here.
At first blush, this case seems headed for the Supreme Court, but not so fast: With Scalia’s seat vacant, and likely to be filled by a Democratic president’s appointee, the remaining 4 conservative justices may not want to give a new majority an opportunity to chip away at their Heller decision; so they have a motive to let the Ninth Circuit ruling stand and either kick this issue down the road or let the circuits make individual decisions for their jurisdictions.
For those not versed in the nuances of stare decisis, Ninth Circuit rulings only apply within that jurisdication and aren’t binding elsewhere. The Ninth Circuit consists of Alaska, Hawaii, California, Oregon, Washington, Idaho, Montana, Nevada, and Arizona.
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