Friday, September 19, 2014
YOLO COUNTY NEWS
99 CENTS

Appellate ruling strikes down Yolo concealed-weapon policy

By
From page A1 | March 07, 2014 |

A federal appellate ruling has struck down Yolo County’s long-standing policy of granting concealed-weapon permits to residents who must first demonstrate “good cause” for holding the license.

In a three-page memorandum issued Wednesday, the 9th Circuit Court of Appeals panel ruled that “the Yolo County policy impermissibly infringes on the Second Amendment right to bear arms in lawful self-defense.” The decision overturns a previous ruling in U.S. District Court in Sacramento that upheld the policy.

The court action targeted Yolo County and its sheriff, Ed Prieto, whose office issued the following statement Wednesday:

“We received the 9th Circuit Court’s decision today and we now we have 14 days to decide whether to pursue a petition for rehearing by a larger panel of the court. We will be discussing this with our counsel before deciding our next course of action.”

As currently written, Yolo County’s concealed-weapon permit policy largely mirrors those of other counties, requiring applicants to be local residents at least 21 years of age, of good moral character and free of criminal convictions, among other criteria.

But it also calls for applicants to demonstrate “good cause” for seeking the license, such as being the victim of a violent crime, or a business owner who carries large amounts of cash or works in remote areas and is “likely to encounter dangerous people and situations.” Self-protection and protection of family, absent a threat of violence, is considered an invalid reason for requesting a permit.

Yolo County currently has 199 concealed-weapon permits issued, Capt. Larry Cecchettini said Thursday.

Wednesday’s appellate decision was praised by the Second Amendment Foundation, which served as a plaintiff in the lawsuit along with Calguns Foundation Inc. and two private citizens, Adam Richards and Brett Stewart, who argued that the good-cause requirement “prevents a responsible, law-abiding citizen from carrying a handgun in public for the lawful purpose of self-defense.”

“Today’s ruling reinforces the Second Amendment’s application to state and local governments, and will help clear the way for more California citizens to exercise their right to bear arms,” Alan M. Gottlieb, the Second Amendment Foundation’s founder and executive vice president, said in a news release. “California officials have been put on notice that they can no longer treat the Second Amendment as a heavily regulated government privilege.”

The ruling largely resembles a larger published decision the 9th Circuit Court handed down last month in the case of Peruta vs. County of San Diego, which also involved a “good cause” issue and was argued on the same day as the Yolo County case.

Although Yolo County’s legal counsel contended its policies differed from those shot down in the San Diego case, the 9th Circuit Court panel — comprising Judges Diarmuid O’Scannlain, Sidney Thomas and Consuelo Callahan — disagreed.

Thomas, who dissented in the San Diego ruling, concurred with the decision in the Yolo County case, but only if Peruta vs. San Diego is upheld in further challenges.

“Absent Peruta, I would hold that Yolo County’s ‘good cause’ requirement is constitutional because carrying concealed weapons in public is not conduct protected by the Second Amendment,” Thomas wrote. “I also would have held, in the alternative, that even if the good cause requirement implicated the Second Amendment, the policy survives immediate scrutiny.”

Originally filed in 2009, the Richards lawsuit targeted concealed-weapon policies in both Yolo and Sacramento counties, but was revised after the Sacramento County Sheriff’s Department relaxed the policy for that jurisdiction several years ago.

— Reach Lauren Keene at lkeene@davisenterprise.net or 530-747-8048. Follow her on Twitter at @laurenkeene

Comments

comments

  • Recent Posts

  • Enter your email address to subscribe to this newspaper and receive notifications of new articles by email.

  • .

    News

    Grant means new push for moving tracks out of town

    By Dave Ryan | From Page: A1 | Gallery

     
    Some say council needs to reconsider MRAP

    By Dave Ryan | From Page: A1

    UC to create $250 million venture capital fund

    By San Francisco Chronicle | From Page: A1

     
    School district may redevelop downtown site

    By Jeff Hudson | From Page: A1

     
    Master Gardeners share their wisdom at free workshops

    By Enterprise staff | From Page: A2

    Scots vote to stay in UK

    By The Associated Press | From Page: A2

     
    France strikes Islamic State group’s depot in Iraq

    By The Associated Press | From Page: A2

    Man faces arson charge in huge California wildfire

    By The Associated Press | From Page: A2

     
    DUI suspected in crash

    By Lauren Keene | From Page: A2

    Woodland Healthcare offering flu shots

    By Enterprise staff | From Page: A3

     
    Putah Creek Bike Path to close temporarily

    By Enterprise staff | From Page: A3

     
    Little Free Libraries open at Montgomery

    By Anne Ternus-Bellamy | From Page: A3

    Project Linus seeks donations

    By Enterprise staff | From Page: A3

     
    Rabid bat found at Holmes Junior High

    By Enterprise staff | From Page: A3

    Students invited to apply for Blue & White grants

    By Enterprise staff | From Page: A3

     
    Halloween costume sale benefits preschool

    By Enterprise staff | From Page: A3

    Telling tales, on ‘Davisville’

    By Enterprise staff | From Page: A3

     
    Volunteers sought to make veggie bags

    By Enterprise staff | From Page: A3

    Storyteller will draw on music, dance

    By Enterprise staff | From Page: A3

     
    Free workout class set at library

    By Special to The Enterprise | From Page: A4

     
    Explorit: Lots of ways to be a volunteer

    By Lisa Justice | From Page: A4 | Gallery

    Sierra Club remembers longtime walker

    By Special to The Enterprise | From Page: A4

     
    DHS Classes of 1954 and 1955 will hold 60th reunion

    By Enterprise staff | From Page: A4

    Nonprofits can get DCN’s help

    By Enterprise staff | From Page: A4

     
    Register to vote by Oct. 20

    By Enterprise staff | From Page: A4

    Davis maps available at Chamber office

    By Enterprise staff | From Page: A5

     
    Need a new best friend?

    By Enterprise staff | From Page: A5 | Gallery

    Reception benefits endangered gorillas

    By Special to The Enterprise | From Page: A5

     
    Downtown history tour planned in October

    By Enterprise staff | From Page: A7

    Davis hosts its own climate change rally

    By Special to The Enterprise | From Page: A8

     
    Sutter Farmers Market offers local goods

    By Enterprise staff | From Page: A8 | Gallery

    Wolk applauds approval of stronger rules for olive oil

    By Special to The Enterprise | From Page: A8

     
    Qigong classes available for heart health

    By Enterprise staff | From Page: A9

    .

    Forum

    Sick of being the bad guy

    By Creators Syndicate | From Page: B5

     
    Tom Meyer cartoon

    By Debbie Davis | From Page: A6

    Return to previous plan

    By Letters to the Editor | From Page: A6

     
    Save the ‘pine cone place’

    By Letters to the Editor | From Page: A6

    Affirm our community values

    By Letters to the Editor | From Page: A6

     
    Project has safety risks

    By Letters to the Editor | From Page: A6

    Learn more about Paso Fino

    By Letters to the Editor | From Page: A6

     
    Educate homeless with dogs

    By Letters to the Editor | From Page: A6, 1 Comment

    Cheers and Jeers: Not the end of the rainbow

    By Our View | From Page: A6

     
    .

    Sports

    Aggies’ new energy could be scary for Big West

    By Bruce Gallaudet | From Page: B1

     
    No rest for the weary: Aggie TE Martindale busy on and off the field

    By Bruce Gallaudet | From Page: B1 | Gallery

    Devils hope the light bulb turns on at Edison

    By Enterprise staff | From Page: B1

     
    River Cats and Giants sign two-year deal

    By Enterprise staff | From Page: B1

    Blue Devil volleyballers hold off Herd

    By Spencer Ault | From Page: B1 | Gallery

     
    Take Zona and Bama this week

    By Bob Dunning | From Page: B2

    Mustangs are no match for DHS boys in water polo

    By Enterprise staff | From Page: B2

     
    A’s slide continues as Rangers sweep

    By The Associated Press | From Page: B8

    .

    Features

    Name Droppers: Awards keep coming for UC Davis retiree

    By Enterprise staff | From Page: A7

     
    .

    Business

    Redesigned 2015 Escalade remains breed all its own

    By Ann M. Job | From Page: B3 | Gallery

     
    .

    Obituaries

    Carol L. Walsh

    By Special to The Enterprise | From Page: A4

     
    .

    Comics

    Comics: Friday, September 19, 2014

    By Creator | From Page: A10

     
    .

    Real Estate Review

    Featured Listing

    By Zack Snow | From Page: RER1

    Professional Services Directory

    By Zack Snow | From Page: RER2

    Taylor Morrison

    By Zack Snow | From Page: RER3

    Malek Baroody

    By Zack Snow | From Page: RER4

    Norcal Land

    By Zack Snow | From Page: RER5

    Robin Garland

    By Zack Snow | From Page: RER6

    Karen Waggoner

    By Zack Snow | From Page: RER7

    Dana Hawkins

    By Zack Snow | From Page: RER7

    Martha Bernauer

    By Zack Snow | From Page: RER8

    Joe Kaplan

    By Zack Snow | From Page: RER8

    Lynne Wegner

    By Zack Snow | From Page: RER8

    Remax

    By Zack Snow | From Page: RER9

    Melrina A Maggiora

    By Zack Snow | From Page: RER10

    Wells Fargo Home Mortgage

    By Zack Snow | From Page: RER11

    Julie Leonard

    By Zack Snow | From Page: RER11

    Coldwell Banker

    By Zack Snow | From Page: RER12

    Kim Eichorn

    By Zack Snow | From Page: RER14

    Lyon Real Estate

    By Zack Snow | From Page: RER15

    Jamie Madison & Associates

    By Zack Snow | From Page: RER16

    Marcelo Campos

    By Zack Snow | From Page: RER16

    Julie Partain

    By Zack Snow | From Page: RER16

    Juan Ramirez

    By Zack Snow | From Page: RER17

    Kim Merrel Lamb

    By Zack Snow | From Page: RER17

    Bob Bockwinkel

    By Zack Snow | From Page: RER17

    Chris Snow

    By Zack Snow | From Page: RER18

    James Hanna

    By Zack Snow | From Page: RER18

    Raul Zamora

    By Zack Snow | From Page: RER19

    Susan von Geldern

    By Zack Snow | From Page: RER19

    Travis Credit Union

    By Zack Snow | From Page: RER20

    Karen Waggoner

    By Zack Snow | From Page: RER21

    Jamie Madison

    By Zack Snow | From Page: RER21

    Tracy Harris

    By Zack Snow | From Page: RER22

    Lisa Haass

    By Zack Snow | From Page: RER22

    First Street Real Estate

    By Zack Snow | From Page: RER24