



Mark N writes:

“Local law enforcement must be able to use their discretion to determine who can carry a concealed weapon,” California Attorney General Kamala Harris said earlier today. “I will do everything possible to restore law enforcement’s authority to protect public safety, and so today am calling on the court to review and reverse its decision.” Click here for her latest gambit: the State of California’s petition for en banc review of the Peruta decision, the ruling that struck down the “good cause” provision of San Diego’s concealed carry provisions. Although the document appears long, only the first 20 pages are the petition and the rest is attachments. The argument is pretty straightforward . . .

1) The panel was wrong because San Diego COUNTY (as opposed to the City of San Diego) generally allows open carry in almost all unincorporated areas, except those close to population concentrations–and that this area is most of the county. (The State does not mention that there is no viable way to carry within city limits).

2) the decision conflicts with the decisions of the 2, 3 and 4th Circuits (true), and

3) the panel applied the wrong analytical format and

4) concealed carry prohibitions are presumptively lawful . . .

These arguments pretty much parrot the dissent, an opinion, that, contrary to the majority, focuses on the concealed carry law in isolation and not in the context of the entire law. Amusingly, the state characterizes the “good cause” requirement (which in effect has banned concealed carry in most urban areas of the state) as a “modest” requirement.