Federal Court Upholds Law Limiting Right to Carry Concealed Firearms
In the aftermath of the tragic mass shooting at the Pulse nightclub in Orlando, Florida, many gun rights activists have called for stricter gun control laws at both the federal and state levels. Now it appears that state lawmakers in New Jersey, New York, Pennsylvania and elsewhere have gotten some extra ammunition in their push for tougher legislation. That ammunition comes from the 9th US Circuit Court of Appeals, a federal appeals court that recently ruled that local law enforcement is allowed to place severe restrictions on individuals’ rights to carry concealed firearms in public settings.
The federal court basically held that the Second Amendment of the US Constitution does not guarantee a right to carry concealed weapons. Circuit Judge William A. Fletcher wrote the opinion for the majority and said that the Second Amendment does not “protect a right of a member of the general public to carry concealed firearms in public.”
Although the US appeals court was divided, it ultimately came down in favor of a California state law that required applicants for a concealed-carry permit to provide a justification for doing so. The justification is known as a “good cause,” with anyone who applies for a permit to carry a concealed weapon needing to justify their application by providing a sound reason for protecting themselves in the form of a hidden firearm.
In many cases, a person applying for a concealed-carry permit in California needs to show that they are in fear for their safety, whether it’s due to threats from some other person or a having a job that requires them to carry around large amounts of cash or valuables. Unless the applicant can offer good cause for the concealed weapon, the application for a permit is likely to be denied.
Similar concealed-carry laws have previously been upheld in New Jersey, New York and Maryland. Now the recent ruling by the 9th Circuit means that there is additional legal precedent to support tough gun laws across the country.
For additional information, check out the Yahoo.com article, “Court: No Right to Carry Concealed Weapons in Public.”
New Jersey is known for having some of the toughest gun laws in the country, including Graves Act laws that impose mandatory prison sentences for weapons offenses. That’s why it is imperative that anyone who has been charged with a gun crime in New Jersey has a qualified criminal defense attorney on their side. John W. Tumelty is an experienced, aggressive criminal defense lawyer who will fight to keep you out of jail. Contact Mr. Tumelty now for a free consultation about your case.