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McKay v. Hutchens

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Sep 7, 2016
No. 12-57049 (9th Cir. Sep. 7, 2016)

Opinion

No. 12-57049

09-07-2016

DOROTHY MCKAY; DIANA KILGORE; PHILLIP WILLMS; FRED KOGEN; DAVID WEISS; THE CRPA FOUNDATION, Plaintiffs - Appellants, v. SHERIFF SANDRA HUTCHENS, individually and in her official capacity as Sheriff of Orange County, California; ORANGE COUNTY SHERIFF CORONER DEPARTMENT, Defendants - Appellees.


NOT FOR PUBLICATION

D.C. No. 8:12-cv-01458-JVS-JPR MEMORANDUM Appeal from the United States District Court for the Central District of California
James V. Selna, District Judge, Presiding Argued and Submitted October 7, 2013 Pasadena, California Before: PREGERSON, WARDLAW, and TALLMAN, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. --------

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, 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 Sheriff's 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.


Summaries of

McKay v. Hutchens

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Sep 7, 2016
No. 12-57049 (9th Cir. Sep. 7, 2016)
Case details for

McKay v. Hutchens

Case Details

Full title:DOROTHY MCKAY; DIANA KILGORE; PHILLIP WILLMS; FRED KOGEN; DAVID WEISS; THE…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Sep 7, 2016

Citations

No. 12-57049 (9th Cir. Sep. 7, 2016)