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Gun Case Could Be New Justice Gorsuch’s First Decision On SCOTUS

April 11, 2017

Colorado appeals court judge Neil Gorsuch took his oaths to be the Supreme Court’s 113th justice on Monday. Gorsuch replaced Antonin Scalia as a Justice of Supreme Court of the United States and one of his first cases just might be a Second Amendment case from California.

The case is a California firearms restriction case: Peruta v. San Diego.  The plaintiff, Edward Peruta, a San Diego resident, is challenging the government constraints on the Second Amendment right of ordinary, law-abiding citizens to carry handguns outside of their home for self-defense, including concealed carry when open carry is forbidden by state law.

In Peruta v. County of San Diego, the Ninth Circuit upheld a “good cause” policy that required permit applicants to show exceptional need for self-defense, holding that concealed carry of a firearm in public is not in any way protected by the Second Amendment.

Even with providing a detailed analysis of Second Amendment history within its narrow framing of the question presented, the court did not fully explain why it chose to frame the issue narrowly. Peruta was refused a concealed-carry license. He filed suit with four other San Diego residents against the County and the sheriff of San Diego, alleging that the concealed-carry policy violated their Second Amendment rights.

Other cases that are expected to go before Justice of Supreme Court, Neil Gorsuch include a religious freedom case: Masterpiece Cakeshop v. Colorado Civil Rights Commission where a baker who was forced by the state of Colorado to bake a wedding cake for a gay couple in spite of his religious beliefs. He is challenging his First Amendment rights.