Dorothy McKay v. Sandra Hutchens

U.S. Court of Appeals for the Ninth Circuit
Dorothy McKay v. Sandra Hutchens, 668 F. App'x 782 (9th Cir. 2016)

Dorothy McKay v. Sandra Hutchens

Opinion

MEMORANDUM *

On November 12, 2013, we vacated submission and stayed proceedings pending resolution of Peruta v. County of San Diego, No. 10-56971. We now resubmit the case and affirm the district court’s judgment.

In Peruta v. County of San Diego, 824 F.3d 919 (9th. Cir. 2016) (en banc), we held that a member of the general public does not have a right under the Second Amendment to carry a concealed firearm in public, and that a state may impose any restriction, including a showing of good cause, on concealed carry. Id. at 939. The San Diego and Yolo County Sheriffs Department policies interpreting the California statutory good cause requirement therefore survived a Second Amendment challenge. Id. For the same reasons, the Orange County Sheriff-Coroner Department’s policy regarding good cause to issue a concealed carry license does not violate the Second Amendment, and we affirm the district court’s order denying a preliminary injunction to prohibit enforcement of the policy.

AFFIRMED.

*

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Reference

Full Case Name
Dorothy MCKAY; Diana Kilgore; Phillip Willms; Fred Kogen; David Weiss; The CRPA Foundation, Plaintiffs-Appellants, v. Sheriff Sandra HUTCHENS, Individually and in Her Official Capacity as Sheriff of Orange County, California; Orange County Sheriff Coroner Department, Defendants-Appellees
Status
Unpublished