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Court Rules 2nd Amendment Gives No Right To Carry Concealed Weapons In Public

SAN FRANCISCO (CBSLA.com/AP) — A federal appeals court says people do not have a right to carry concealed weapons in public under the 2nd Amendment.

An 11-judge panel of the 9th U.S. Circuit Court of Appeals issued the ruling Thursday.

The panel says law enforcement officials can require applicants for a Concealed Carry Weapons permit (CCW) to show they are in immediate danger or otherwise have a good reason for a permit beyond self-defense.

The decision overturned a 2014 ruling by a smaller 9th Circuit panel, which fueled a surge in applications and inquiries for permits to carry concealed guns.

Interest in CCWs spiked in Riverside County in the aftermath of the San Bernardino terror attack in Dec. 2015.

The 9th Circuit covers nine Western states, but California and Hawaii are the only states in which the ruling will have any practical effect. The others do not require permit applicants to cite a "good cause." Anyone in those states with a clean record and no history of mental illness can get a permit.

The National Rifle Association called the ruling "out of touch."

"This decision will leave good people defenseless, as it completely ignores the fact that law-abiding Californians who reside in counties with hostile sheriffs will now have no means to carry a firearm outside the home for personal protection," said NRA legislative chief Chris W. Cox.

The New York-based gun control organization Everytown hailed the deicison as "a major victory for public safety."

The California case began in 2009, when Edward Peruta filed a legal challenge over the San Diego County sheriff's refusal to issue him a permit. Peruta said he wanted a weapon to protect himself, but the sheriff said he needed a better reason, such as that his occupation exposes him to robbery.

Peruta, who is known as something of a legal gadfly, said he is neither a hunter, collector or target shooter but challenged the law because he believed it violated the Constitution. The NRA joined him in fighting the law.

(TM and © Copyright 2016 CBS Local Media, a division of CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2016 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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