HUGE win in California

[ladder13]

Wow, whoulda thunk it, a pro gun decision from the 9th Circuit. Cali to go "shall issue".


http://cdn.ca9.uscourts.gov/datastore/opinions/2014/02/12/1056971.pdf


An excerpt:

Understanding the scope of the right is not just necessary, it is key to our analysis. For if self-defense outside the home is part of the core right to "bear arms" and the California regulatory scheme prohibits the exercise of that right, no amount of interest-balancing under a heightened form of means-ends scrutiny can justify San Diego County's policy.

See Heller, 554 U.S. at 634 ("The very enumeration of the right takes out of the hands of government—even the Third Branch of Government—the power to decide on a case-by-case basis whether the right is really worth insisting upon.").

 

[the ringo kid]

Sounds good but, it still looks to me like a person still has a lot of loops to jump through, then many prayers.

 

[Hunter8282]

Sounds good but, it still looks to me like a person still has a lot of loops to jump through, then many prayers.

Kinda of like in MI... pay to take a class, pay to apply, wait and wait and wait, take a day of work to appear before a gun board, finally get your CPL in the mail!

Oh yeah and then in 5 years, pay again to renew!

 

[SJshooter]

I agree... This is huge. The court has basically ruled that "I want to carry for self-defense" meets the good cause standard. San Diego to go shall-issue! And even the dissenting opinion states that this upends the entire state's concealed carry laws!

http://www.sfgate.com/bayarea/article/Court-strikes-California-law-limiting-concealed-5232386.php

 

[SJshooter]

Court strikes California law limiting concealed weapons
Bob Egelko
Updated 11:31 am, Thursday, February 13, 2014

(02-13) 11:28 PST San Francisco -- California must allow law-abiding citizens to carry concealed firearms in public, a federal appeals court ruled Thursday, striking down the core of the state's permit system for handguns.

In a 2-1 decision, the Ninth U.S. Circuit Court of Appeals in San Francisco said San Diego County violates the Constitution's Second Amendment by requiring residents to show "good cause" - and not merely the desire to protect themselves - to obtain a concealed-weapons permit.

State law requires applicants to demonstrate good cause, as well as good moral character, to carry concealed handguns, while leaving the permit process up to each city and county. The ruling, if it stands, would require local governments to issue permits to anyone who claims a need for self-protection.

"The right to bear arms includes the right to carry an operable firearm outside the home for the lawful purpose of self-defense," said Judge Diarmuid O'Scannlain in the majority opinion.

 

[Dennis The B]

Just Off The AP = 9th Circuit Overturns California Law

A three-judge panel has overturned California's CCW law, by stating that "need" was not a condition for issuing a permit. This was by a three-judge panel, so it may end up in front of the full appellate court, and it is counter to what at least two other circuits have ruled. Looks like it may end up in the U.S. Supreme Court.

Court tosses California's concealed weapons rules

 

[SJshooter]

This is HUGE!!!!!!

I left Kalifornia four years ago for the freedom of Texas. But this is incredibly fantastic news for the Golden State!

 

[25elk]

Truly amazing as the 9th Circuit is by far the most liberal of them all. Hopefully this portends a move back to defending the Constitution rather than rewriting it.

 

[Harrison]

Some citizen, and NRA, is contesting New Jersey's CC law for the exact same reasons.

 

[Hapworth]

Wonder if they'll start showing up on reciprocity lists? (I know I'm asking too much...)

 

[ladder13]

I agree... This is huge. The court has basically ruled that "I want to carry for self-defense" meets the good cause standard. San Diego to go shall-issue! And even the dissenting opinion states that this upends the entire state's concealed carry laws!

Court strikes California law limiting concealed weapons - SFGate

This ruling takes Heller one step forward, declaring the right to bear arms for self defense extends beyond the home.
This may be the case that Scalia says he has been waiting for.

 

[UncaGrunny]

I'm cautiously optimistic; it's always encouraging when a court manages, through long, tortuous and detailed analysis and decades of pondering, to decide that water is in fact wet, wind does in fact blow, and that "Keep and Bear, shall not be infringed" in fact shockingly means exactly what those words mean.

Up next; court decides intelligent life exists in the Universe!

Honestly, I'm pleased, but concerned that it will take multiple beat-downs and busloads of money to convince California to actually implement the decision. It's a goodly move in the right direction, though.

 

[Texas Star]

And in Texas, liberal Dem candidate for Governor Wendy Davis has said that she'll support Open Carry! The Republican candidate has already said the same. The (probably) leading candidate for Lt. Gov. (Dan Branch) even has a line about supporting the 2nd Amendment in his TV ads. I think that's unprecedented.

I can't go into detail on this board about why I think Davis has accepted this, but it's great news, and was unexpected.
I think we may just be on the verge of winning this gun war, despite the efforts of those oppressors whose names and offices we aren't allowed to mention.

I am much more hopeful than ever about the issue.

This news from Kali seems especially uplifting.

 

[Kitgun]

This is good!

 

[wbraswell]

inch by inch, step by step. A long way yet to go, but heading in the right direction.

 

[SgtLumpy]

I too am cautiously optomistic. But in general am happy for my alma mater state.

I'm sure we'll find there's a couple of deaths due to guns that are legally carried by whatever process they put into place. But surely that will still be WAY less than deaths due to non-legally carried guns (gang bangers etc).

My "caution" factor comes from other angles as well. They've made a lot of guns and gun types and magazines NOT legal to own. Having the legal right to carry a conceiled blunderbuss would not be much of a victory at all. I guess the ammunition purchase, storage, carry situation in CA is equally as goofy and restrictive.

I hope a lot of Californians apply for and receive their permit, passively demonstrating by statistics that it's not "the gun", it's the "bad guy", that commits the crime. And I hope it's not an endless and ridiculously challenging process. Good luck west coasties.


Sgt Lumpy

 

[carpriver]

Kinda of like in MI... pay to take a class, pay to apply, wait and wait and wait, take a day of work to appear before a gun board, finally get your CPL in the mail!

Oh yeah and then in 5 years, pay again to renew!

I did have to pay to take a conceded carry class and pay my 105 dollars for the permit with included the cost of finger prints. I turned in the form and was called 2 weeks later to come pick up my permit. never had to go before the gun board. Sounds like your county is using different standards. I do Live in the Upper Peninsula where we kind of look at things a bit different than the Lower Peninsula. We tend to trust people and understand the need to protect yourself. Sorry you have had problems.

 

[Fishslayer]

Wonder if they'll start showing up on reciprocity lists? (I know I'm asking too much...)

We can actually take courses here & acquire permits good in about 30-ish states, but not Kalifornistan. I'm wondering what sort of training will be required.

This is the day for which I purchased my 4536 & now I gotta actually find a holster for it!

I'm guessing The Hero of Ruby Ridge is not in the best of moods today.

 

[ChattanoogaPhil]

I have long thought that if California was Shall Issue that would be a turning point for them.

 

[robertrwalsh]

This is huge. Absolutely MASSIVE.