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California Concealed Gun Ruling Put on Hold by Appeals Court

Feb. 28 (Bloomberg) -- California rules allowing counties to place restrictions on who can carry concealed weapons will remain in force while the federal appeals court that struck them down decides whether to reconsider its decision.

The U.S. Court of Appeals in San Francisco today granted a request by California Attorney General Kamala Harris and a gun control group to put on hold a 2-1 decision by three of its judges that some of the state’s permitting requirements infringed on the right to bear arms under the Constitution’s Second Amendment.

“If allowed to take effect, it could require officials throughout the state to treat a bare assertion that an applicant seeks to carry a gun for purposes of self-defense as good cause for issuing concealed-carry permits,” Harris said in a court filing.

The majority ruled Feb. 13 that San Diego County’s requirement that gun owners show a pressing need, such as a specific threat against them, to obtain a license to carry a concealed weapon was unconstitutional.

License applicants sued the county and lost, with a federal judge ruling California’s interest in public safety trumped their rights under the Second Amendment. The appeals court reversed that decision. Harris asked that a larger panel of judges review the case and requested that the ruling be put on hold for the time being.

The appeals court didn’t say whether it would grant Harris’s petition for a larger panel of judges to review the case.

The case is Peruta v. County of San Diego, 10-56971, U.S. Court of Appeals for the Ninth Circuit (San Francisco)

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