Does the name “Peruta” ring a bell? It’s the surname of a man who has had a case in the court system for years concerning his inability to be issued a concealed carry permit in San Diego, California.
Mr Peruta is a journalist who at the time this story begins, was living in California and due to the nature of his work and using expensive tools for his job applied for a concealed carry permit in the county of his residence which was San Diego then, as allowed by California state law.
It was denied as are all most all applications in that locale. The local Sheriff is under no obligation to issue a permit, and the state law does not require a permit to be issued if there are no disqualifying conditions. At the time of this initial denial, open carry was allowed in some circumstances in California (that has since been changed and is no longer the case) and that was part of the justification for the law as written, saying that there was no total ban on carrying at the time. Today depending on the whim of the Sheriff processing your application, there may be no chance of gaining state permission to exercise your right to bear arms while outside your home. This has created the process of “Sheriff shopping” in California where residents submit their applications in counties where the Sheriff is more likely to approve. Mr Peruta thinks this should not be required.
Mr Peruta filed suit and his case has moved upward through the court system, including reaching a state level where it was changed from Peruta v. San Diego to Peruta v. California There was a victory at the state level which was later reversed. The current status is the last decision has been appealed to the Supreme Court and we are waiting to hear whether or not SCOTUS will hear the case.
We expect orders from the justices’ June 1 conference on Monday at 9:30 a.m. There is also a possibility of opinions on Monday at 10 a.m.
This case could affect other states whose laws aren’t based on a “shall issue” but instead on a “may issue” clause for local authorities.
You can follow the status of this important case affecting gun owners rights at http://www.scotusblog.com/case-files/cases/peruta-v-california/
Webmaster, Manno Firearms