A Hillary Supreme Court means goodbye to Second Amendment

The July/August issue of Imprimis has an excellent article by Oklahoma attorney general Scott Pruitt on “The Next Supreme Court Justice” in which he discusses important cases and issues that will be decided by the Supreme Court. One important issue is whether the Second Amendment protects a right to carry a concealed firearm outside your home.

On June 9, 2016, the Ninth Circuit Court of Appeals, in a 7-4 vote, ruled in Peruta v. San Diego that the Second Amendment does not protect a right to carry a concealed firearm. California has a law that requires an applicant for a concealed weapons permit to show “good cause” to the sheriff of the county. According to the seven federal judges, stating that you need a firearm for self-defense is not enough; you have to provide a “specific fear” or a “particularized reason.” This means you have to identify someone threatening you, or that your job is risky, or that you live in a dangerous neighborhood. Of course, if you know that someone is out to harm or kill you, by the time you fill out the application and obtain a gun, it may be too late to protect yourself. Some states, like Pennsylvania, have constitutions that say the state “shall issue a permit” provided that the applicant has not been convicted of certain crimes. Other states, such as California, require the applicant to have “good cause” as defined by the state. The ruling by the Ninth Circuit will be a green light to states that wish to pass laws restricting and regulating the possession and carrying of firearms. It will allow states to prohibit certain firearms, how many firearms one can possess, and how one can carry a firearm outside the home. The California law is especially onerous because one is not allowed to carry a weapon outside the home, concealed or not concealed, without a permit. So how does one defend himself outside the home? Is it good cause to request a permit because you are fearful of Muslim terrorism at a night club, a marathon, or a restaurant, or at work? The bottom line is, you cannot defend yourself once you leave your house. If Peruta or a similar case is appealed to a Hillary Supreme Court you can bet the price of Hillary speech ($500K) that the Hillary Court will approve any and all regulations by the states, cities, and counties. Thus, your rights to possess and carry firearms will depend to a large extent on the laws and constitutions of the state in which you reside. The Second Amendment will be viewed as a protecting a general right subject to whatever restrictions your state, city, or county decides.