Second Amendment | Peruta | 9th Circuit
From the blog “Legal Insurrection” with a post by Andrew Branca-
In short, today’s 9th Circuit decision states that:
We hold that the Second Amendment does not preserve or protect a right of a member of the general public to carry concealed firearms in public.
The majority arrives at this conclusion having applied intermediate scrutiny, rather than either strict scrutiny (almost invariably finds a constraint to be unconstitutional) or rational basis (almost invariably finds a constraint to be constitutional), to the dispute. In District of Columbia v. Heller the Supreme Court held that rational basis was an inappropriate level of scrutiny to evaluate claims of Second Amendment infringement, but left open the door for intermediate scrutiny.
Give Legal Insurrection a read. It is well worth it.