Ninth on Peruta: No Right to Carry Concealed, Effectively, No Right to Carry

By Dean Weingarten

Ninth on Peruta: No Right to Carry Concealed, Effectively, No Right to Carry
Ninth on Peruta: No Right to Carry Concealed, Effectively, No Right to Carry
Dean Weingarten
Dean Weingarten

Arizona – -( It has been over a year since the en banc panel of the Ninth Circuit heard the oral arguments in the Peruta case.

During that period, Antonin Scalia, Supreme Court Justice who wrote the Heller v. D.C. opinion, died.  

The Ninth Circuit has now reversed the ruling of the three judge panel in the Peruta case.  Essentially, they ruled that there is no right to bear arms concealed outside the home in California.

Then they ruled that they did not recognize a right to carry openly outside the home in California, because the Supreme Court has not directly ruled on the right to carry arms openly.

From the latest Peruta ruling (pdf):

The en banc court held that the history relevant to both the Second Amendment and its incorporation by the Fourteenth Amendment lead to the same conclusion: The right of a member of the general public to carry a concealed firearm in public is not, and never has been, protected by the Second Amendment. Therefore, because the Second Amendment does not protect in any degree the right to carry concealed firearms in public, any prohibition or restriction a state may choose to impose on concealed carry — including a requirement of “good cause,” however defined — is necessarily allowed by the Amendment. The en banc court stated that there may or may not be a Second Amendment right for a member of the general public to carry a firearm openly in public, but the Supreme Court has not answered that question.

In the dissents, the choice to frame the question very narrowly, so as to avoid the obvious prohibition on the general public from carrying arms outside the home, is noted:

In sum, Heller indicates that concealed-weapons
prohibitions may be proper as long as individuals retain other
means to exercise their Second Amendment right to bear
arms for self-defense. However, where other ways of
exercising one’s Second Amendment right are foreclosed, a
prohibition on carrying concealed handguns constitutes a
“severe restriction” on the Second Amendment right, just like
the District of Columbia’s unconstitutional handgun ban in

II. Given California’s Choice to Prohibit Open Carry, the
Counties’ Policies of Not Allowing for Concealed
Carry for Self-Defense are Unconstitutional.

Those who decided to narrow the question to concealed carry only, so as to rule against carry outside the home, won the day.  Suspicions will float about that the Ninth was hoping that something such as Justice Scalia’s death would occur before they made their decision. I doubt that is the case, although the en banc Ninth stretched logic to reach the very narrow decision in this case.

The case will likely be appealed to the Supreme Court.

Given the make-up of the current court, I would not be surprised if the four leftist judges would quickly agree to hear the case; expecting that at worst, there would be a deadlock, thus insuring that the Ninth Circuit ruling will stand in California, Hawaii, and the rest of the Ninth Circuit, which is the largest circuit in the nation.

©2016 by Dean Weingarten: Permission to share is granted when this notice is included.

Link to Gun Watch

About Dean Weingarten;

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of constitutional carry was attained. He has degrees in meteorology and mining engineering, and recently retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

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A.X. Perez

I noted that the Court ruled the Second Amendment does not guarantee a right to self defense. They are correct in this as the right to self defense is a Ninth Amendment Right and so basic that it is one of the rights the state was created to
protect. Instead the 9th Circuit Court is trashing this sacred right to self defense. The (In)Justices involved are at war with the people of the United States and are overdue for a vacation at Gitmo.


The people who are now within our government are like unto the “bully” in the school play yard. “He” pushes and pushes the timid little kids, takes their lunch money, makes them do “his” homework, UNTIL they get fed up with this evil within their midst. Time is drawing neigh to put that “bully” in “his” place. We need a national “open carry” demonstration! Everybody all at once! Together! Flood the government system, choke the unconstitutional laws being enforced, congest the courts, overflow the prisons, until the numbers overwhelm the government into submission. And back into the knowledge that they,… Read more »


As M. Ball pointed out, jury nullification is worth being well versed in. I just heard about this, in this particular email a matter of fact & will be delving deeper into it. We, the people, need to stop the tyrannical ways this government is trying to impose…but it takes more than comments from a few to get it done. If you look at it through legislative eyes, the voices of thousands will be heard, whereas, the voices of us just bitching on the comment section will be ignored. Join something, anything that will carry some weight with the judicial… Read more »

Jim Macklin

The only good news is that a 4-4 tie won’t change the laws in the 39 states that are shall issue and have reciprocity. The bad news is that some shall issues states, such as Illinois will try to amend their law. Last night on Coast to Coast AM it was stated that Justice Scalia was not autopsied. The suggestion was made by the caller that he may have been murdered. The November election and the Supreme Court, all judges, are of supreme critically. Shouting Shall Not be infringed means nothing to these people. Obama studied the Constitution looking for… Read more »

Wild Bill

They are beyond reach… for life.


Yes….a sitting SCOTUS justice found dead with a pillow over his face was not autopsied. But a drug abusing, music icon of the left, Prince, WAS autopsied !

Seems the thugs running this country got away with murder.


Wrong, Clark. Convoluted reasoning would be the proper term.

Clark Kent

There was no ‘reasoning’ involved.

David Chen

The Court’s reasoning goes like this.

When one carries a gun, it is either an open carry or a concealed carry.

The right to open carry is not guaranteed by 2nd Amendment, so that open carry can be prohibited.

The right to concealed carry is not guaranteed by 2nd Amendment, so that concealed carry can be prohibited.

Now, although the vast majority of law-abiding individuals in California not prohibited from possession of a firearm are prohibited from open carry AND concealed carry, 9th Circuit concluded that there is nothing wrong with it (for the above fallacious reason).



“The right to open carry is not guaranteed by the 2nd Amendment….”




Simple words that have been ignored by our ruling elites. At some point the 3% of this nation will say ENOUGH to the tyranny of the federal government and their lickspittle, lapdog appointed-for-life scum that the serfs call “judges”. When that happens there will not be enough hemp or lead to do the job that is needed to be done.

Wild Bill

And don’t forget “keep and bear” and bear means carry. Bear means carry on your person, openly concealed, over you shoulder, under your arm, in you hand. This group of elitists are trying to push a case to the S. Ct for the purpose of getting a ruling saying that you have no right to a gun out side of your house. The importance of this election and a resulting S. Ct. nomination just went way up. Drag your whole family down to the polling place to vote for freedom. I have already told my family that if they don’t… Read more »



“keep and bear”….but the ruling elites and their liberal/socialist/communist sympathizers will claim “that’s not what it means”. They always change meanings to suit their agenda.

Acie Brown

As an American and a combat veteran,I love my country and proud to defend it and The Constitution of the United States. The left WILL NOT take away my Constitutional rights, to defend my family, myself, and the American way of life. The only way they will stop me from carrying concealed or open, is when they pry my gun from my Cold, Dead hands.

Jim Macklin

The lesson of Waco, Bill Clinton, and Janet Reno showed that your hands will be hot and crispy.. I understand that sHrillery approved of Janet Reno for USAG. Reno is proof of who and what a hillary POTUS would appoint.


Those Judges are traitors step down , socialist freaks.

M Ball

Next they will take away your right to a jury trial. People need to get versed in jury nullification. Nullify these laws from the jurors box and other laws that are blatantly unconstitutional as well. If you need to ask permission to exercise your rights are they really rights? No, they are not. Quit asking permission, carry concealed, carry openly, who cares just carry! Everyone should be openly violating these laws as a form of civil disobedience. Fill the courts with cases of this matter and there will be people to nullify this from the jury box. We the people… Read more »


M Ball.
Ya see where I’m from if you violate these laws you are looking at 10 years in state prison with a mandatory minimum of 3.5 years. Add 18 months for hollow points just for mean possession. New Jersey is a communist haven and there is no chance to change it. It’s easier just to leave the state and the majority of 2a supporters do just that.

Dr. Jim Clary

This should not surprise anyone as this Circuit Court is so far left that they make the late Patsy Pink look positively conservative. I feel sorry for the Californicans who support this kind of lunacy…. but, as with their crooked government officials, they get what they deserve.


I may be misreading what you wrote, but the 9th doesn’t just cover California. It covers everything west of the Rocky Mountains on down to the Mexican border. This means that their decisions affect those of us in Montana, on down to Arizona as well as Alaska and Hawaii. None of us in any of those states get to vote for those judges – they are appointed by the President of the United States. In essence, some of the most firearms friendly and conservative states in the Union are affected by the decisions made in San Francisco! Do WE deserve… Read more »

Jim Macklin

The United States Court of Appeals for the Ninth Circuit has jurisdiction over the district courts in the following districts: District of Alaska. District of Arizona. Central District of California. Eastern District of California. Northern District of California. Southern District of California. District of Hawaii. The United States Court of Appeals for the Tenth Circuit (in case citations, 10th Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts: District of Colorado District of Kansas District of New Mexico Eastern District of Oklahoma Northern District of Oklahoma Western District of Oklahoma District of Utah… Read more »