Another victory was awarded to Second Amendment supporters on March 5, 2014, when the Ninth Circuit Court of Appeals reversed and remanded the decision of Richards v. Prieto.
In a decision filed December 6, 2012, Plaintiffs Adam Richards, Brett Stewart, the Second Amendment Foundation, and the Calguns Foundation (collectively, “Richards”) brought an action against Defendants Yolo County and its Sheriff, Ed Prieto (collectively, “Prieto”), alleging that the Yolo County policy for issuing concealed-carry permits violates the Second Amendment. Specifically, Richards argues that Yolo County’s policy, in light of the California regulatory regime as a whole, abridges the Second Amendment right to bear arms because its definition of “good cause” prevents a responsible, law-abiding citizen from carrying a handgun in public for the lawful purpose of self-defense. On cross-motions for summary judgment, the district court concluded that Yolo County’s policy did not infringe Richard’s Second Amendment rights.
In the reversal and remand, the Ninth Circuit now states “In light of our disposition of the same issue in Peruta v. County of San Diego , No. 10-56971, — F.3d — (Feb. 13, 2014), we conclude that the district court, in this case, erred in denying Richard’s motion for summary judgment because the Yolo County policy impermissibly infringes on the Second Amendment right to bear arms in lawful self-defense.”