Plaintiffs in Richards v. Prieto had argued that Yolo County’s Sheriff’s policy, in light of the California regulatory regime as a whole, abridges the Second Amendment right to bear arms because its definition of “good cause” prevents a responsible, law-abiding citizen from carrying a handgun in public for the lawful purpose of self-defense. Yolo County’s policy provided that “self protection and protection of family (without credible threats of violence)” are “invalid reasons” for requesting a concealed handgun carry permit. The district court concluded that Yolo County’s policy did not infringe Richards’ Second Amendment rights and denied Richard’s motion for summary judgment while granting the MSJ of Sheriff Ed Prieto. Today, Justice Diarmid O'Scannlain reversed and remanded this ruling on behalf of the United States Court of Appeals for the Ninth Circuit.
Thus the court granted the plaintiffs’s demands:
- Declaratory relief that the “good moral character” and “good cause” provisions of California Penal Code § 12050 are unconstitutional either on their face and/or as applied to bar applicants who are otherwise legally qualified to possess firearms and who assert self-defense as their “good cause” for seeking a handgun carry permit; and
- An order permanently enjoining Defendants, their officers, agents, servants, employees, and all persons in active concert or anticipation with them who receive actual notice of the injunction, from enforcing the “good moral character” and “good cause” requirements of California Penal Code § 12050 against handgun carry permit applicants who seek the permit for self-defense and are otherwise qualified to obtain a handgun carry permit under that section.