Two Days, two hits to concealed carry from federal appellate courts.
Thursday the 9th Circuit Court of Appeals ruled en banc that challenges to laws based upon the Second Amendment should be held to intermediate scrutiny, and that laws giving local law enforcement unlimited power in deciding who is permitted to carry concealed in public pass that scrutiny.
That ruling overturned the previous 9th Circuit ruling in the same case, which came from a three judge panel in 2014. The 2014 ruling upheld the public’s right to an impartial test for the granting of permission to carry.
Friday, the D.C. Circuit Court of Appeals suspended a recent lower federal court ruling, which decided that the Second Amendment did guarantee a fair non-discretionary system of granting concealed gun carry permission.
That ruling said Second Amendment challenges should be examined under a standard of strict scrutiny, and eliminated the plans of D.C. police Chief Cathy Lanier and D.C. Attorney General Racine to grant zero, or almost zero permits to carry. The three judge panel on the Appeals Court said that the “good reason” requirement which the lower court struck down, may be reinstated until it has a chance to rule on the law, granting a request by General Racine.
Requiring a “good reason” to allow someone to carry a gun, simply means allowing a government official the legal right to decide based on any reason, or no reason, who gets permission and who doesn’t. The anti-gun folks like this because it means that in D.C. or San Diego County, for instance, gun permits will issue to the politically powerful and connected, and that Jane Q public can pound sand.
The other side simply wants objectively stated criteria applied to all applicants. Imagine if you needed to convince the DMV that you had a real “need” to drive, or to the labor licensing board that you “needed” to become a plumber. It is of course, the antithesis of freedom and fair dealing, but that is the society that the left wants for us – you can do something, if and only if, you first get a permission slip from those in charge.
If those in charge don’t like you because for instance, you wouldn’t go on a date with the Sheriff’s son, or the D.C Attorney General only gives permission to his friends and political donors, well tough – you can take your chances with 911 and hope your attackers are merciful or ineffective.
With this much action in the federal Courts of Appeals, look for the Supreme Court to take a case on point soon. Without Second Amendment scholar and gun rights champion Antonin Scalia on the bench, you can place your bets about how that institution will rule.