U.S. Court of Appeals for the Ninth Circuit, 2016

Dorothy McKay v. Sandra Hutchens

Dorothy McKay v. Sandra Hutchens
U.S. Court of Appeals for the Ninth Circuit · Decided September 7, 2016 · Pregerson, Wardlaw, Tallman
668 F. App'x 782

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.

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