2nd amendment right

WASHINGTON  — The Supreme Court agreed Friday to decide if licensed guns owners have a right to carry their weapons at public places, including parks, beaches and stores.

At issue are laws in California, Hawaii and three other states that generally prohibit carrying guns on private or public property.

Three years ago, Supreme Court ruled that law-abiding gun owners had a 2nd Amendment right to obtain a permit to carry a concealed weapon when they leave home.

But the justices left open the question of whether states and cities could prohibit the carrying of guns in “sensitive locations,” and if so, where.

In response, California enacted a strict law that forbids gun owners from carrying their firearm in most public or private places that are open to the public unless the owner posted a sign permitting such weapons.

The 9th Circuit Court of Appeals struck down that provision last year as going too far, but it upheld most of a Hawaii law that restricted the carrying of guns at public places and most private businesses that are open to the public.

Gun-rights advocates appealed to the Supreme Court and urged the justices to rule that such restrictions on carrying concealed weapons violate the 2nd Amendment.

The court agreed to hear the case early next year.

Trump administration lawyers urged the justices to strike down the Hawaii law.

It “functions as a near-complete ban on public carry. A person carrying a handgun for self-defense commits a crime by entering a mall, a gas station, a convenience store, a supermarket, a restaurant, a coffee shop, or even a parking lot,” said Solicitor General D. John Sauer.

Gun-control advocates said Hawaii had enacted a “common sense law that prohibits carrying firearms on others’ private property open to the public.”

“The 9th Circuit was absolutely right to say it’s constitutional to prohibit guns on private property unless the owner says they want guns there,” said Janet Carter, managing director of Second Amendment Litigation, at Everytown Law. “This law respects people’s right to be safe on their own property, and we urge the Supreme Court to uphold it.”

The U.S. Department of Justice has filed a lawsuit against the Los Angeles County Sheriff’s Department and Sheriff Robert Luna, claiming the department violated county gunowners’ 2nd Amendment rights by delaying thousands of concealed carry permit application decisions for “unreasonable” periods of time.

In a statement, the DOJ claimed that the Sheriff’s Department “systematically denied thousands of law-abiding Californians their fundamental Second Amendment right to bear arms outside the home — not through outright refusal, but through a deliberate pattern of unconscionable delay.”

The complaint, filed in the Central District of California, the federal court in Los Angeles, cites data provided by the Sheriff’s Department about the more than 8,000 concealed carry permit applications and renewal applications it received between Jan. 2, 2024, and March 31.

During that period, the DOJ wrote, it took an average of nearly 300 days for the Sheriff’s Department to schedule interviews to approve the applications or “otherwise” advance them.

As a result, of the nearly 4,000 applications for new concealed carry licenses it received during those 15 months, “LASD issued only two licenses.” Two others were denied, the DOJ said, while the rest remained pending or were withdrawn.

The Sheriff’s Department did not immediately provide comment Monday. In March, when the Trump administration announced its 2nd Amendment investigation, the department said it was “committed to processing all Concealed Carry Weapons [CCW] applications in compliance with state and local laws.”

The department’s statement said it had approved 15,000 applications for concealed carry licenses but that because of “a significant staffing crisis in our CCW Unit” it was “diligenty working through approximately 4,000 active cases.”

Atty. Gen. Pam Bondi said Monday that the DOJ was working to safeguard the 2nd Amendment, which “protects the fundamental constitutional right of law-abiding citizens to bear arms.”

“Los Angeles County may not like that right, but the Constitution does not allow them to infringe upon it,” Bondi said. “This Department of Justice will continue to fight for the Second Amendment.”

The federal agency’s complaint alleged that the practice of delaying the applications effectively forced gun permit applicants “to abandon their constitutional rights through administrative exhaustion.”

In December 2023, the California Rifle and Pistol Assn. sued the Sheriff’s Department over what it alleged were improper delays and rejections of applications for concealed carry licenses. In January, U.S. District Court Judge Sherilyn P. Garnett ordered the department to reduce delays.

In the new complaint, the DOJ called on the court to issue a permanent injunction.

Gun rights groups heralded the move by the Trump administration.

“This is a landmark lawsuit in that it’s the first time the Department of Justice has ever filed a case in support of gun owners,” Adam Kraut, executive director of the Second Amendment Foundation, said in a statement. “We are thrilled to see the federal government step up and defend the Second Amendment rights of citizens and hope this pattern continues around the country.”