Monday, June 20, 2016

Appeals courts agree on concealed weapons ban restrictions

A federal appeals court's decision upholding California's restrictions on carrying concealed weapons gives lawyers a fourth chance to try to get the U.S. Supreme Court's attention on a subject directly affecting eight states and the nation's capital.

Thursday's ruling by the 9th U.S. Circuit Court of Appeals in San Francisco upheld a law requiring gun applicants to show good reason beyond mere safety. It was consistent with rulings since 2012 in three other circuits upholding similar restrictions in New York, Maryland and New Jersey. The Supreme Court did not take up the issue after those rulings. Alan Gura, an Alexandria, Virginia-based lawyer, has represented plaintiffs in each case. He did not immediately return a request for comment Friday.

UCLA Law School professor Eugene Volokh said he thinks there is less chance that the high court will hear the California case than the three that came before it because there are currently only eight justices.

The Supreme Court has never addressed directly whether an individual has the right to bear arms outside the home for the purpose of self-defense.

"It's an important question, the most important of the remaining questions on gun rights" that the Supreme Court has not addressed, Volokh said.

He predicted that the Supreme Court might eventually take up the subject if an appeals court in Washington, D.C., strikes down the city's strict gun law. Two lower court judges have issued conflicting opinions about the constitutionality of the district's law requiring that a firearm applicant demonstrate a "good reason to fear injury to his or her person or property" before being licensed to carry a pistol.

James B. Jacobs, a professor of constitutional law at New York University School of Law, noted the Supreme Court had decided two previous gun cases by a 5-4 vote. He said the court might be reluctant to tackle the issue until there are nine justices.

High Court won't hear dispute over birthright citizenship

The Supreme Court has rejected an appeal from a group of American Samoans who say the United States should grant full citizenship to people born in the U.S. territory.

The justices on Monday let stand a lower court ruling that said the constitutional guarantee of birthright citizenship does not extend to the islands that have been a part of the country since 1900.

Current law considers American Samoans to be "nationals," not full citizens like those born in Puerto Rico, Guam and other U.S. territories. Nationals are allowed to work and live anywhere in the United States, but unlike citizens, they can't vote or hold elective office.

The challengers said that the law violates the 14th Amendment, which grants citizenship to anyone born in the United States. But the U.S. Court of Appeals for the District of Columbia Circuit ruled last year that birthright citizenship does not automatically apply to the nation's unincorporated political territories.

The lawsuit was filed by a small group of American Samoans who did not have the support of the islands' government officials. The government of American Samoa has argued that automatic U.S. citizenship could undermine local traditions and practices, including rules that restrict land ownership to those of Samoan ancestry.