MILLER: Court gives NRA a big win for concealed carry gun rights in California

Ninth Circuit decision in Petura v. San Diego sets up Supreme Court to resolve conflict between lower courts

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This is the similar to laws in other “may issue” states such as New Jersey and Maryland, where basically no one can get a carry permit.

The District of Columbia is the last place in the nation with a total ban on carry outside the home. That law is being challenged in Palmer v. D.C., which is another one of Mr. Gura’s cases, 

The Ninth Circuit indicated it believes the Supreme Court would back up its lengthy ruling. It likened the San Diego laws to D.C.’s outright ban on handguns, which was overturned after 30 years in 2008 in the landmark Heller case.

Judge O'Scannlain wrote that, “Heller teaches that a near-total prohibition on keeping arms (Heller) is hardly better than a near-total prohibition on bearing them (this case), and vice versa.  Both go too far.”

This case is important because it turns on its head the whole concept that a citizen has to prove to the government that he has a good reason to exercise his Second Amendment right to carry a gun for self defense.

Rather, the Constitution is written to codify that God gives us individual rights, and the government has to give a good reason to not recognize them.

It is only a matter of time before every state — and the nation’s capital — will be told by the courts that the right to keep and bear arms shall not be infringed in America.

Emily Miller is  senior editor of opinion for The Washington Times and author of “Emily Gets Her Gun” (Regnery, 2013).

© Copyright 2014 The Washington Times, LLC. Click here for reprint permission.

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