Case Information: Mehl v. Blanas, No. 08-15773 (9th Cir. Filed Nov. 16, 2012)
At Issue: Challenging California’s concealed carry “good cause” provision. This lawsuit challenges the “good cause” provision of California’s concealed carry permitting statute. California allows local law enforcement to issue concealed weapon licenses to individuals who can, among other requirements, demonstrate “good cause” for the issuance of the license. Plaintiff argues that California’s good cause provision violates the Second Amendment to the U.S. Constitution.
Law Center’s Brief: Our brief, filed in support of the Sacramento County Sheriff’s Department and the agency’s concealed-carry licensing scheme, argues that California’s concealed carry law – that gives discretion to local law enforcement to grant or deny a concealed weapon license – and the Sacramento County Sheriff’s application of that statute are legitimate exercises of the state’s police power aimed at the threat that loaded and hidden firearms pose to public safety. Moreover, California’s law does not implicate, let alone substantially burden, the right protected by the Second Amendment, and is not subject to heightened scrutiny. If heightened scrutiny is required, the brief argues, intermediate scrutiny should be applied, and the statute satisfies that standard.