Dorothy McKay v. Sheriff Sandra Hutchens, individually

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
DOROTHY MCKAY; DIANA KILGORE;
PHILLIP WILLMS; FRED KOGEN;
DAVID WEISS; THE CRPA
FOUNDATION,
Plaintiffs - Appellants,
v.
SHERIFF SANDRA HUTCHENS,
individually and in her official capacity as
Sheriff of Orange County, California;
ORANGE COUNTY SHERIFF
CORONER DEPARTMENT,
Defendants - Appellees.
No. 12-57049
D.C. No.
8:12-cv-01458-JVS-JPR
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
James V. Selna, District Judge, Presiding
Argued and Submitted October 7, 2013
Pasadena, California
Before: PREGERSON, WARDLAW, and TALLMAN, Circuit Judges.
On November 12, 2013, we vacated submission and stayed proceedings
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
FILED
SEP 7 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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pending resolution of Peruta v. County of San Diego, No. 10-56971. We now
resubmit the case and affirm the district court’s judgment.
In Peruta, 824 F.3d 919 (9th Cir. 2016) (en banc), we 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 any restriction, 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 therefore survived a Second Amendment challenge. Id. For the
same reasons, the Orange County Sheriff-Coroner Department’s policy regarding
good cause to issue a concealed carry license does not violate the Second
Amendment, and we affirm the district court’s order denying a preliminary
injunction to prohibit enforcement of the policy.
AFFIRMED.

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