A federal appeals court dealt another blow to supporters of the 2nd Amendment this week when they ruled that law enforcement officials can require applicants for concealed carry permits to show good cause why they need the license. The court said there is no constitutional right for the general public to carry concealed firearms outside the home. The San Francisco-based 9th Circuit Court was divided 7-4 on the issue. The circuit joins other appellate courts that have upheld “good reason” requirements in New Jersey, New York, and Maryland. The liberal court majority stopped short of ruling that open carrying of guns per se was constitutional. In a dissent, Judge Consuelo M. Callahan, a Ronald Reagan appointee, argued that such restrictions placed on applicants violate the Constitution. The split decision is virtually guaranteed to be appealed to the U.S. Supreme Court. It seems that the high court is waiting for the right case to accept for review, they have refused to hear a couple of 2nd Amendment cases recently.
We think such restrictions placed on concealed permit applicants violate the Second Amendment to the United States Constitution. There are adequate safeguards for the public in place in state laws: Applicants must pass background checks and there are waiting periods. A specifically tailored needs requirement for each applicant undermines the express guarantee of the Constitution that “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” A “free state” does not mean these rights can be infringed upon dependent upon which way the political winds are blowing.