Jonathan Birdt v. Charlie Beck , 670 F. App'x 607 ( 2016 )

FILED
NOT FOR PUBLICATION NOV 09 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JONATHAN BIRDT, No. 12-55115
Plaintiff-Appellant, D.C. No. 2:10-cv-08377-JAK-
JEM
v.
CHARLIE BECK; et al., MEMORANDUM*
Defendants-Appellees.
Appeal from the United States District Court
for the Central District of California
John A. Kronstadt, District Judge, Presiding
Submitted October 25, 2016**
Before: LEAVY, SILVERMAN, and GRABER, Circuit Judges.
Jonathan Birdt appeals from the district court’s summary judgment in his 42
U.S.C. § 1983 action alleging violations of his Second Amendment rights. We
have jurisdiction under 28 U.S.C. § 1291. We review de novo, Peruta v. County of
San Diego, 824 F.3d 919, 925 (9th Cir. 2016) (en banc), and we affirm.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
In Peruta v. San Diego, this court, sitting en banc, held that a member of the
general public does not have a right under the Second Amendment to carry a
concealed firearm in public, and that a state may impose restrictions, including a
showing of good cause, on concealed carry. Id. at 939. The San Diego and Yolo
County Sheriff’s Department policies interpreting the California statutory good
cause requirement at issue in Peruta therefore survived a Second Amendment
challenge. See id. For the same reasons, the Los Angeles Police Department’s and
the Los Angeles County Sheriff’s Department’s policies interpreting the California
statutory good cause requirement do not violate the Second Amendment.
The motions by amici curiae for leave to file amici briefs are granted. The
Clerk shall file the amici briefs submitted on October 30, 2012 and November 5,
2012. Appellant’s motion to submit the case without oral argument, filed on
October 30, 2012, is granted.
AFFIRMED.
2 12-55115