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Federal Court Rules Concealed Carry Is Not Protected By The Constitution

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Casey Harper Contributor
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A federal appellate court ruled Thursday the 2nd Amendment does not protect the right to carry a concealed weapon in public.

The 9th Circuit Court of Appeals in San Francisco voted 7-4 to uphold a California law that prevents people from carrying a concealed weapon in public unless they can show a good reason. The decision is the latest in a series of conflicting gun rights rulings which may eventually head to the Supreme Court weighing in.

“The carrying of concealed weapons was consistently forbidden in England beginning in 1541; was consistently forbidden in the American colonies; and was consistently forbidden by the states,” Judge William A. Fletcher wrote for the majority.

The Supreme Court has previously ruled that having a gun in the home for your own protection is constitutional, but has not ruled on many other aspects of the gun rights debate.

“The protection of the Second Amendment — whatever the scope of that protection may be — simply does not extend to the carrying of concealed firearms in public by members of the general public,” the appellate majority opinion reads.

The appellate ruling overturned a 2014 decision by a 9th Circuit three-judge panel. Now, law enforcement can ask for a good reason, such as being in immediate danger, to allow concealed carry.

“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 the requirement of ‘good cause,’ however defined — is necessary allowed by the Amendment,” the court said.

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Casey Harper