You might look at Breyer's dissent in Heller as for regulations of the day, and then in the 19th century west, municipalites had restrictions on carry.
They were also small enough that the Sheriffs could at least come close to guarantee the safety of those who gave up their weapons before entering the jurisdiction. That was the compact. Show me a police department in a city that bans carry that guarantees your safety and provides enough patrols to back it up, and then that situation would have a point.
Ah, but you're conceded limitations existed. The question becomes whether the citizenry was satisified that the regulation made them safer.
the bottom line is we can arm ourselves in our homes. Carry outside is subject to regulation. An outright ban, with no exception in any case would, imo, be unconst. But licensing subject to individuals passing some "safety course" or something .... prolly gonna be ok.
What is the difference between an outright ban, and a law enforcement agency that can reject your CCW "just because they feel like it"?
The lawsuit wasn't about any courses required, or permits, or anything else, they were denied a permit because the local Sheriff's office decided "you don't need one".
That's not entirely correct. I assume you referred to Peruta. In Peruta, there was a requirement for some class, as I recall. But more importantly, to get a CC license, one had to show he fit certain criteria. The plaintiff's didn't fit.
If it were truly up to just the whims of some local officials, the restrictions would fail because they would be arbitrary and thus fun afoul of the 14th. But, so long as the requirements are reasonably related to something making the applicant different from just someone generally wanted protection from some unspecified threat, then I think the regulations would be upheld.
They ARE up to the whims of a county sherrif though. You could literally see a person move from one county to another and go from having a CCW permit to not having one, based on the politics of an elected Sheriff. SURELY you see the danger in that.
If a person would qualify in one county but not in another with near same "need" plus the same urbanization, crime, etc, then I'd see a problem. But all I see in Peruta is this:
An affidavit of Blanca Pelowitz, Manager of the San Diego Sheriff's Department License Division, describes the definition of good cause in San Diego County:
Good Cause ... is defined by this County to be a set of circumstances that distinguish the applicant from the mainstream and causes him or her to be placed in harm's way. Simply fearing for one's personal safety alone is not considered good cause. This criterion can be applied to situations related to personal protection as well as those related to individual businesses or occupations.
Good cause is also evaluated on an individual basis. Reasons applicants request a license will fall into one of ... four general categories[.]
The only two general categories potentially relevant to this appeal are:
Category 2 = Personal Protection Only includes: documented threats, restraining orders and other related situations where an applicant can demonstrate they are a specific target at risk.
Category 4 = Business owners/employees includes a diversity of businesses & occupations, such as doctors, attorneys, CEO's, managers, employees and volunteers whose occupation or business places them at high risk of harm.
The published policy of Yolo County does not define “good cause” but gives examples of where good cause does, or does not, exist. The policy provides as follows:
Examples of valid reasons to request a permit include, but are not limited to:
Victims of violent crime and/or documented threats of violence.
Business owners who carry large sums of cash or valuable items.
Business owners who work all hours in remote areas and are likely to encounter dangerous people and situations.
Examples o[f] invalid reasons to request a permit include, but are not limited to:
Recreation in remote areas.
Hunting or fishing.
Self protection and protection of family (without credible threats of violence).
Employment in the security field, i.e., security guard, body guard, VIP protection.
Personal safety due to job conditions or duties placed on the applicant by their employer.