Potentially Major 2A Progress in California

[pudly]

The Ninth Circuit Court in CA just struck down San Diego's requirement for "good cause" before they would issue a firearms license. Good cause was interpreted to mean that there had to be a credible and specific threat before the license would be issued. Hopefully this decision stands and will move CA towards becoming a "shall issue" state based on objective criteria.

Ninth Circuit strikes California's restrictive rule against licensed carry of handguns

they misapprehend both the nature of the Second Amendment right and the implications of state laws that prevent the vast majority of responsible, law-abiding citizens from carrying in public for lawful self-defense purposes.

Court Decision

 

[LibertyFF]

Hopefully this decision stands and will move CA towards becoming a "shall issue" state based on objective criteria.

That would be a big win. But somehow, I think that they would rather die than let citizens legally carry guns.

 

[Movealongmovealong]

I'm pretty sure this means CA and HI are now shall-issue for otherwise legal citizens.

Jurisdiction for the 9th Cicuit Court of Appeals is here:

United States Court of Appeals for the Ninth Circuit - Wikipedia, the free encyclopedia

 

[CathyInBlue]

dupe

https://www.indianagunowners.com/fo...rees-2a-protects-right-armed-beyond-home.html

 

[ArcadiaGP]

dupe

https://www.indianagunowners.com/fo...rees-2a-protects-right-armed-beyond-home.html

I'd argue yours is a dupe of the one already made in the 2A subforum :P But I suppose the subsequent decision deserved it's own thread

 

[CathyInBlue]

I have become cognizant of your post, but prior to my thread creation, I searched for "Peruta" and "San Diego" and found nothing relating to this case.

 

[MikeDVB]

I have become cognizant of your post, but prior to my thread creation, I searched for "Peruta" and "San Diego" and found nothing relating to this case.

Who cares.

"Here is another thread on the subject: [link here]," then move on with your lives. Pissing contests do none of us any good.

Dupes happen - it's the nature of a larger forum. If the dupes bother you - report them and let mods decide whether they should be merged.

Edit: This is not a dig at you specifically Cathy, but in general.

 

[Manatee]

I saw this thread first, so the other one HAS to be the dupe!

 

[GodFearinGunTotin]

I saw the other thread first but sometimes cool information gets discussed in the dupes that are not in originals.

I'll wait here, just in case that happens.

 

[Bunnykid68]

Look, a nickel

 

[GodFearinGunTotin]

Yep...still waiting...

 

[mrjarrell]

The SF Gate has a well written piece on it that does a good job.

Court strikes California law restricting concealed weapons - SFGate

 

[ryknoll3]

I read almost all of the majority opinion. It is very well written and traces the history of the understanding of the 2A as it applies to carrying outside of the home. Basically, the court holds that there must be SOME mechanism for the average citizen to carry outside of the home. A total ban (or a may-issue system that excludes the average law-abiding person) is a violation. If they were smart, states with near total bans should start a licensed open-carry system. They would get around judicial scrutiny and between the licensing and many people's distaste for open carry (even among the gun-owning community), it would be a right rarely exercised.

They are going to appeal to the full 9th. I'm curious how that will go.

 

[KellyinAvon]

The 9th Circus actually got one right?

 

[mrjarrell]

The 9th Circus actually got one right?

They often get things right.

 

[Mark 1911]

"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.

Interesting that this judge would make such a statement just as the US Supreme Court is being asked to weigh in on the same issue.

 

[CathyInBlue]

They often get things right.

They also hold the distinction of the most overturned circuit in America. But, stopped clock and all that.

 

[ncthorn]

I really hope this holds after an en banc challenge. I summarized my thoughts below for anyone interested. Basically, this means four things: some form of carry must be legally accessible, the 2A is not a second class right, the 2A cannot be restricted through interest balancing (public safety argument), and courts must consider the history of the amendment. That is a lot of good stuff right there!

9th Circuit Overturns San Diego Carry Policy: What it Means for Us | Modern Rifleman

 

[Libertarian01]

To All,

I just found an update here: Packing Pistols in Public Seen as Next Gun Control Battle - Bloomberg

Regards,

Doug

 

[ArmedProgrammer]

They often get things right.

Iguana

If you like their decisions so much , go live there. I have. They are famous for legislating from the bench.