US Supreme Court Disappoints on Right-to-Carry, but Justice Gorsuch Shines – NRA ILA
Gun owners were justifiably disappointed June 26, when the U.S. Supreme Court refused to hear Peruta v. California. The denial was a setback in NRAs efforts to secure judicial recognition that the Second Amendment protects the right to bear arms outside the home. For now, misguided state and local governments will continue to deny their residents Right-to-Carry.
The Peruta case began back in October 2009, when plaintiff Edward Peruta filed a complaint with the U.S. District Court for the Southern District of California arguing that San Diego County Sheriff William Gore violated his Second Amendment rights. Under Californias permitting law, Gore had wide discretion to deny carry permits to applicants unless they demonstrated good cause for obtaining it. A desire to exercise the Second Amendment right to self-defense did not meet the sheriffs definition of good cause.
At the outset, a key argument for the defense held that San Diegos interpretation of Californias permit law did not extinguish Perutas Second Amendment right, as California did not prohibit individuals from openly carrying an unloaded handgun outside the home. However, in 2011, California enacted a law prohibiting the open carry of handguns.
In 2014, in a tremendously well-reasoned opinion, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit held that San Diegos enforcement of Californias discretionary permitting scheme violated the Second Amendment. In 2016, however, a larger panel of Ninth Circuit judges came to the opposite conclusion. The Ninth Circuit refused to take Californias prohibition on open carry into account, ruling only that the Second Amendment does not protect, in any degree, the carrying of concealed firearms.
However unfortunate, the current cloud over our Second Amendment rights does have a silver lining. Perutas fate confirmed that the newest member of the Supreme Court has a firm commitment to an individuals right to keep and bear arms.
Coinciding with the Courts decision to reject Peruta, Justice Clarence Thomas issued a blistering dissent from the courts denial. He was joined by the newest member of the Court, Justice Neil Gorsuch.
Thomas admonished the Ninth Circuits failure to address Californias entire carry scheme as indefensible. Joined by Gorsuch, he went on to explain that the Supreme Court has already suggested that the Second Amendment protects the right to carry firearms in public in some fashion.
Moreover, Thomas addressed the Courts recent substandard treatment of the Second Amendment, calling this development a distressing trend and inexcusable.
Gorsuchs actions represent a major victory for gun owners and reminder of how important elections truly are. Following the unexpected death of Justice Antonin Scalia in February 2016, gun owners faced the prospect of a Court that would pervert the Second Amendment to eliminate its protections for our individual right to keep and bear arms. But gun owners rose to the challenge, putting pressure on their Senators to reject Barack Obamas anti-gun nominee, Merrick Garland. Illustrating the importance gun rights supporters played in this battle, the New York Times editorial page whined, The Senate Defers to the N.R.A.
Gun rights supporters went on to make the Court a pivotal issue in the 2016 presidential campaign, one that helped put Donald Trump in the White House. And when several senators threatened to block any Trump Court pick, NRA stood by the presidents nominee.
Gorsuchs participation in Thomass forceful dissent is tangible evidence that he respects the Second Amendment and the individual right it guarantees.
Moreover, Peruta was not the last chance gun owners will have to vindicate our Right-to-Carry before the Court. A response to the Ninth Circuits ruling in Peruta Flanagan v. Becerra challenges Californias open carry prohibition. And Grace v. District of Columbia is yet another case that may have a critical bearing on our Right-to-Carry in public by challenging the Districts highly restrictive permit regime. In addition to those current cases, more lawsuits are on the way.
Gun owners, just as Justices Thomas and Gorsuch, are right to be disappointed in the Courts recent treatment of the Second Amendment. What we should not do is become discouraged. Gun rights supporters would do well to recall the decades of scholarship, activism, and litigation that led to our victories in District of Columbia v. Heller and McDonald v. Chicago. As long as Second Amendment supporters are resolute in our purpose and work to ensure the appointment of judges and justices that respect our rights, the Second Amendment will once again win at the highest court.
Read the rest here:
US Supreme Court Disappoints on Right-to-Carry, but Justice Gorsuch Shines - NRA ILA
- Federal Bills Introduced to Safeguard Second Amendment Rights During Government Shutdowns - NSSF | The Firearm Industry Trade Association - November 5th, 2025 [November 5th, 2025]
- Why the political arguments used by conservatives to twist the Second Amendment are a public fraud - Milwaukee Independent - November 5th, 2025 [November 5th, 2025]
- Save the Filibuster Save the Second Amendment - Gun Owners of America - November 5th, 2025 [November 5th, 2025]
- The Supreme Court Is More Interested in Second Amendment Cases Than Ever Before - The Trace - November 3rd, 2025 [November 3rd, 2025]
- SNL Weekend Update: Michael Che Says Government Still Aids Food Insecure Families Through Second Amendment After SNAP Cutoff - Deadline - November 3rd, 2025 [November 3rd, 2025]
- Supreme Court to weigh Second Amendment rights of cannabis users - inlander.com - November 3rd, 2025 [November 3rd, 2025]
- The Popular 3D-Printed Gun Globalizing the Second Amendment - Bloomberg - October 30th, 2025 [October 30th, 2025]
- The Future of the Second Amendment: A Nation Divided, Armed, and at a Crossroads - The Truth About Guns - October 30th, 2025 [October 30th, 2025]
- A warning to Florida public officials about the new open-carry law - Second Amendment Foundation - October 30th, 2025 [October 30th, 2025]
- Members Newsletter: Will SCOTUS Go Narrow in its New Second Amendment Cases? - The Reload - October 30th, 2025 [October 30th, 2025]
- I just took Everytowns online firearm training course - Second Amendment Foundation - October 28th, 2025 [October 28th, 2025]
- New Hampshire Bill Strengthening Second Amendment Rights on Public Property Advances - The Truth About Guns - October 26th, 2025 [October 26th, 2025]
- An Official Journal Of The NRA | Illegal Drugs and Second Amendment Rights - Americas 1st Freedom - October 23rd, 2025 [October 23rd, 2025]
- Supreme Court Will Weigh Gun Restrictions for Drug Users - The New York Times - October 23rd, 2025 [October 23rd, 2025]
- The Right to Bear Technology: Americas Other Second Amendment - Andreessen Horowitz - October 23rd, 2025 [October 23rd, 2025]
- Supreme Court adds another gun case to the docket, over drug use and the Second Amendment - MSNBC News - October 23rd, 2025 [October 23rd, 2025]
- Supreme Court will consider case on Second Amendment rights of drug users - Yahoo - October 23rd, 2025 [October 23rd, 2025]
- Supreme Court will decide if 'habitual drug users' lose their gun rights under Second Amendment - The Spokesman-Review - October 23rd, 2025 [October 23rd, 2025]
- Supreme Court will consider case on Second Amendment rights of drug users - Fox News - October 21st, 2025 [October 21st, 2025]
- Why an American raised in Rhodesia reveres the Second Amendment - Second Amendment Foundation - October 21st, 2025 [October 21st, 2025]
- In yet another move against gun ownership, California Democratic Governor Gavin Newsom recently signed Assembly Bill 1127 into law, triggering... - October 17th, 2025 [October 17th, 2025]
- Across the aisle: shootings, safety and the Second Amendment - The Muhlenberg Weekly - October 15th, 2025 [October 15th, 2025]
- Second Amendment auditors walking roads with rifle and body armor, Fla. cops say - Police1 - October 13th, 2025 [October 13th, 2025]
- The Second Amendment Holds More Weight Than Uncle Dicks Deer Stand - NSSF | The Firearm Industry Trade Association - October 11th, 2025 [October 11th, 2025]
- Supreme Court to hear Hawaii gun law case with Second Amendment implications - Baltimore Sun - October 11th, 2025 [October 11th, 2025]
- Our Next Debate: Would America Be Safer Without the Second Amendment? - The Free Press - October 9th, 2025 [October 9th, 2025]
- Fact Check Team: SCOTUS to hear Hawaii gun law case, potential impact on Second Amendment - The National Desk - October 9th, 2025 [October 9th, 2025]
- Second Amendment auditors walking Florida roads with AR-15 and body armor - Tampa Bay Times - October 9th, 2025 [October 9th, 2025]
- Fact Check Team: SCOTUS to hear Hawaii gun law case, potential impact on Second Amendment - KRCR - October 9th, 2025 [October 9th, 2025]
- Impac Mortgage : Discloses Execution of Second Amendment to Tax Benefits Preservation Rights Agreement and Execution of Amended and Restated Key... - October 9th, 2025 [October 9th, 2025]
- Supreme Court takes Second Amendment case challenging Hawaii gun law - Fox News - October 4th, 2025 [October 4th, 2025]
- Supreme Court takes case that could allow more guns in malls and restaurants - CNN - October 4th, 2025 [October 4th, 2025]
- Justices Take Up Second Amendment Case Over Hawaii's 'Affirmative Consent' Law - Law.com - October 4th, 2025 [October 4th, 2025]
- A different view on Second Amendment rights - thepress.net - October 4th, 2025 [October 4th, 2025]
- Second Amendment Roundup: Removal of Firearm Disabilities - inkl - October 2nd, 2025 [October 2nd, 2025]
- Pursuit Attractions and Hospitality, Inc. Enters into the Second Amendment to the Credit Agreement - MarketScreener - October 2nd, 2025 [October 2nd, 2025]
- Pass the CR, then fight with Truth , and the forgotten part of the second amendment. - Daily Kos - September 30th, 2025 [September 30th, 2025]
- Letters: What the Second Amendment really guarantees - NOLA.com - September 28th, 2025 [September 28th, 2025]
- The Correct Argument for the Second Amendment - The Stanford Review - September 25th, 2025 [September 25th, 2025]
- Letter to the Editor: Protect the Second Amendment - Bemidji Pioneer - September 25th, 2025 [September 25th, 2025]
- Supreme Court should revisit the Second Amendment - Wisconsin State Journal - September 21st, 2025 [September 21st, 2025]
- The Second Amendment Was Created to Put Down Slave Revolts - CounterPunch.org - September 19th, 2025 [September 19th, 2025]
- Charlie Kirks Shocking 2023 Gun Statement Goes VIRAL after Assassination | Defends Second Amendment - Oneindia - September 17th, 2025 [September 17th, 2025]
- Georgia Sheriff Calls Upon Citizens to Exercise Their Second Amendment Rights - Firearms News - September 17th, 2025 [September 17th, 2025]
- The Trump Administration's Half-Baked Plan to Disarm Transgender People Is Legally Bankrupt: Such a Gun Ban Is Not Authorized by Statute or Allowed by... - September 17th, 2025 [September 17th, 2025]
- Budget Committee Approves Ratification Bill on Second Amendment to EC-Bulgaria Financing Agreement under Recovery and Resilience Facility - - September 17th, 2025 [September 17th, 2025]
- Guns of Delusion: Who killed Charlie Kirk? America's Second Amendment obstinacy - The Times of India - September 13th, 2025 [September 13th, 2025]
- Charlie Kirks Murder Illustrates How the Second Amendment Is Swallowing the First - Slate - September 13th, 2025 [September 13th, 2025]
- Vaccines, the Second Amendment, and the Utah Supreme Court - Utah Public Radio - September 13th, 2025 [September 13th, 2025]
- Florida Court Strikes Down Open Carry Ban, Aligning Firearm Laws with Second Amendment - Hoodline - September 13th, 2025 [September 13th, 2025]
- Charlie Kirk's pro-Second Amendment stance revisited after shooting death - Daily Express US - September 13th, 2025 [September 13th, 2025]
- Florida touts big win for Second Amendment after court throws out open carry ban - Washington Examiner - September 13th, 2025 [September 13th, 2025]
- Second Amendment activists in shock as Charlie Kirk shot instead of just schoolchildren - The Beaverton - September 13th, 2025 [September 13th, 2025]
- Fact Check: Charlie Kirk once said some gun deaths 'worth it' in order to have Second Amendment - Yahoo News UK - September 11th, 2025 [September 11th, 2025]
- DeSantis announces 'Second Amendment' tax holiday, renews push for open carry of guns - The Northwest Florida Daily News - September 11th, 2025 [September 11th, 2025]
- Fact Check: Charlie Kirk once said some gun deaths 'worth it' in order to have Second Amendment - Yahoo News Canada - September 11th, 2025 [September 11th, 2025]
- Charlie Kirk once said some gun deaths 'worth it' in order to have Second Amendment - Snopes - September 11th, 2025 [September 11th, 2025]
- Charlie Kirk said "some gun deaths" were an acceptable cost for having Second Amendment gun rights - Daily Kos - September 11th, 2025 [September 11th, 2025]
- Medical Marijuana and the Second Amendment: Eleventh Circuit Revives Second Amendment Challenge to Federal Ban on Gun Ownership for Drug Users - JD... - September 11th, 2025 [September 11th, 2025]
- Charlie Kirks Pro-Gun, Second Amendment Comments Resurface After Fatal Shooting at UVU - Times Now - September 11th, 2025 [September 11th, 2025]
- Reader says protect Second Amendment rights, but reduce access to some firearms - San Antonio Express-News - September 11th, 2025 [September 11th, 2025]
- DeSantis announces 'Second Amendment' tax holiday, renews push for open carry of guns - Lakeland Ledger - September 11th, 2025 [September 11th, 2025]
- Charlie Kirk, shot dead in Utah, once said gun deaths are 'worth it' to save Second Amendment - Firstpost - September 11th, 2025 [September 11th, 2025]
- Florida will have a Second Amendment sales tax holiday. Here's what to know - Pensacola News Journal - September 9th, 2025 [September 9th, 2025]
- DeSantis announces 'Second Amendment' tax holiday, renews push for open carry of guns - yahoo.com - September 9th, 2025 [September 9th, 2025]
- Florida Second Amendment Sales Tax Holiday begins, runs through end of the year - Floridas Voice - September 9th, 2025 [September 9th, 2025]
- Marylands Handgun Roster Board: a rubber stamp or assault on Second Amendment? - Baltimore Sun - September 6th, 2025 [September 6th, 2025]
- Tennessee joins other states on Second Amendment SCOTUS brief - WKRN News 2 - September 6th, 2025 [September 6th, 2025]
- Opinion: Bill 36-0144 Is an Unconstitutional and Racist Attack on the Second Amendment - The Virgin Islands Consortium - September 6th, 2025 [September 6th, 2025]
- Letter to the Editor: Americas Deadliest LoopholeThe Case Against the Second Amendment - Peachtree City Citizen - September 6th, 2025 [September 6th, 2025]
- Congressional Democrats Try to Stop AG Bondi from Restoring Ex-Offenders Second Amendment Rights - Cato Institute - September 5th, 2025 [September 5th, 2025]
- Understanding the Second Amendment commas and all - thepress.net - September 5th, 2025 [September 5th, 2025]
- In Louisiana, gun sales are promoted with Second Amendment tax break - Shreveport Times - September 3rd, 2025 [September 3rd, 2025]
- In Louisiana, gun sales are promoted with Second Amendment tax break - yahoo.com - September 3rd, 2025 [September 3rd, 2025]
- Cabinet Asks Parliament to Ratify Second Amendment to Recovery, Resilience Facility Financing Agreement with EC - - September 3rd, 2025 [September 3rd, 2025]
- Hunters get tax break during Louisianas Second Amendment Sales Tax Holiday Sept. 57 - Unfiltered with Kiran - September 3rd, 2025 [September 3rd, 2025]
- Analysis: The Latest on Weed, Dangerousness, and the Second Amendment [Member Exclusive] - The Reload - September 1st, 2025 [September 1st, 2025]
- Second Amendment Sales Tax Holiday recognized this weekend - WAPT - August 29th, 2025 [August 29th, 2025]
- Mississippis Second Amendment Sales Tax Holiday set for this weekend - supertalk.fm - August 29th, 2025 [August 29th, 2025]
- Minneapolis shooting: Who is Brandon Herrera? Second Amendment activist named in now-deleted video of att - The Times of India - August 29th, 2025 [August 29th, 2025]