PERUTA v. COUNTY OF SAN DIEGO

No. 10-56971.

742 F.3d 1144 (2014)

Edward PERUTA; Michelle Laxson; James Dodd; Leslie Buncher, Dr.; Mark Cleary; California Rifle and Pistol Association Foundation, Plaintiffs-Appellants, v. COUNTY OF SAN DIEGO; William D. Gore, individually and in his capacity as Sheriff, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 13, 2014.


Attorney(s) appearing for the Case

Paul D. Clement , Bancroft PLLC, Washington, D.C., argued the cause for the plaintiffs-appellants. Carl D. Michel , Michel & Associates, P.C., Long Beach, CA, filed the briefs for the plaintiffs-appellants. With him on the briefs were Glenn S. McRoberts , Sean A. Brady , Anna M. Barvir , Clinton B. Monfort , and Bobbie K. Ross , Michel & Associates, P.C., Long Beach, CA, and Paul Neuharth, Jr. , Paul Neuharth, Jr. APC., San Diego, CA.

James M. Chapin , Senior Deputy Attorney for County of San, San Diego, CA, argued the cause and filed the brief for the defendant-appellee William D. Gore. With him on the brief was Thomas E. Montgomery , County Counsel for County of San Diego, San Diego, CA.

Stephen P. Halbrook , Fairfax, VA, filed the brief on behalf of amicus curiae Congress of Racial Equality, Inc. in support of the plaintiffs-appellants.

Paul D. Clement , Bancroft PLLC, Washington, D.C., filed the brief on behalf of amicus curiae National Rifle Association of America, Inc. in support of plaintiffs-appellants.

David B. Kopel , Independence Institute, Golden, CO, filed the brief on behalf of amici curiae International Law Enforcement Educators and Trainers Association and the Independence Institute.

Alan Gura , Gura & Possessky, PLLC, Alexandria, VA, filed the brief on behalf of amici curiae Second Amendment Foundation, Inc., Calguns Foundation, Inc., Adam Richards, and Brett Stewart in support of plaintiffs-appellants.

John C. Eastman , Chapman University School of Law, Orange, CA, filed the brief on behalf of amici curiae Center for Constitutional Jurisprudence, Doctors for Responsible Gun Ownership, and Law Enforcement Alliance of America. With him on the brief were Anthony T. Caso and Karen J. Lugo.

Don B. Kates , Battle Ground, WA, filed the brief on behalf of amici curiae Gun Owners of California and Senator H.L. Richardson (Ret.) in support of plaintiffs-appellants.

Neil R. O'Hanlon , Hogan Lovells US LLP, Los Angeles, CA, filed the brief on behalf of amici curiae Brady Center to Prevent Gun Violence, the International Brotherhood of Police Officers, and the Police Foundation. With him on the brief were Adam K. Levin , S. Chartey Quarcoo , and Samson O. Asiyanbi , Hogan Lovells US LLP, Washington, D.C., and Jonathan E. Lowy and Daniel R. Vice , Brady Center to Prevent Gun Violence, Washington, D.C.

Paul R. Coble , Law Offices of Jones & Mayer, Fullerton, CA, filed the brief on behalf of amici curiae California State Sheriffs Association, California Police Chiefs Association, and California Peace Officers Association in support of defendants-appellees. With him on the brief was Martin J. Mayer , Law Offices of Jones & Mayer, Fullerton, CA.

Simon J. Frankel , Covington & Burling LLP, San Francisco, CA, filed the brief on behalf of amici curiae Legal Community against Violence, Major Cities Chiefs Association, Association of Prosecuting Attorneys, and San Francisco District Attorney George Gascón in support of defendants-appellees. With him on the brief were Samantha J. Choe , Steven D. Sassaman , and Ryan M. Buschell , Covington & Burling LLP, San Francisco, CA.

Before: O'SCANNLAIN, THOMAS, and CALLAHAN, Circuit Judges.


OPINION

O'SCANNLAIN, Circuit Judge:

We are called upon to decide whether a responsible, law-abiding citizen has a right under the Second Amendment to carry a firearm in public for self-defense.

I

A

California generally prohibits the open or concealed carriage of a handgun, whether loaded or unloaded, in public locations.1 See Cal.Penal Code § 25400 (prohibiting concealed carry of a firearm...

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