Thomson v. Los Angeles County Sheriffs Department

FILED NOT FOR PUBLICATION NOV 07 2016 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ROBERT THOMSON, No. 12-56236 Plaintiff-Appellant, D.C. No. 2:11-cv-06154-SJO-JC v. MEMORANDUM* LOS ANGELES COUNTY SHERIFFS DEPARTMENT, Defendant-Appellee. Appeal from the United States District Court for the Central District of California S. James Otero, District Judge, Presiding Submitted October 25, 2016** Before: LEAVY, SILVERMAN, and GRABER, Circuit Judges. Robert Thomson appeals from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging a violation of his Second Amendment rights. * 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). 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. In Peruta v. San Diego, this court 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 County Sheriff’s Department’s policies interpreting the California statutory good cause requirement do not violate the Second Amendment. AFFIRMED. 2 12-56236