CA conceal carry struck down!

[Sousuke 1,214]

A divided federal appeals court has struck down California's concealed weapons rules, saying they violate the Second Amendment right to bear arms.

The 9th U.S. Circuit Court of Appeals said Thursday that California is wrong to require applicants to show good cause to receive a permit to carry a concealed weapon. The court ruled that all law-abiding citizens are entitled to carry concealed weapons outside the home for self-defense purposes.

[The Nature Boy 4,224]

A divided federal appeals court has struck down California's concealed weapons rules, saying they violate the Second Amendment right to bear arms.

The 9th U.S. Circuit Court of Appeals said Thursday that California is wrong to require applicants to show good cause to receive a permit to carry a concealed weapon. The court ruled that all law-abiding citizens are entitled to carry concealed weapons outside the home for self-defense purposes.

Awesome.. I agree with no need to show cause. That is like having to give a govt approved reason, to need to exercise my 1st amnd rights.

or needing to show reason why I don't want my home searched.

I do like they said "law abiding citizen"

I do favor background checks always.

[Sousuke 1,214]

Awesome.. I agree with no need to show cause. That is like having to give a govt approved reason, to need to exercise my 1st amnd rights.

or needing to show reason why I don't want my home searched.

I do like they said "law abiding citizen"

I do favor background checks always.

I think when the new rules are redrafted I'll apply.

[lostinblue 1,989]

http://cdn.ca9.uscourts.gov/datastor...12/1056971.pdf

From the decision

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.”).

We are well aware that, in the judgment of many governments, the
safest sort of firearm-carrying regime is one which restricts the privilege to
law enforcement with only narrow exceptions. Nonetheless, “the
enshrinement of constitutional rights necessarily takes certain policy choices
off the table. . . . Undoubtedly some think that the Second Amendment is
outmoded in a society where our standing army is the pride of our Nation,
where well-trained police forces provide personal security, and where gun
violence is a serious problem. That is perhaps debatable, but what is not
debatable is that it is not the role of this Court [or ours] to pronounce the
Second Amendment extinct.” Id. at 636. Nor may we relegate the bearing
of arms to a “second-class right, subject to an entirely different body of rules
than the other Bill of Rights guarantees that we have held to be incorporated
76into the Due Process Clause.” McDonald, 130 S. Ct. at 3044.

The district court erred in denying the applicant’s motion for summary
judgment on the Second Amendment claim because San Diego County’s
“good cause” permitting requirement impermissibly infringes on the Second
Amendment right to bear arms in lawful self-defense.
22
REVERSED and REMANDED.

"Undoubtedly some think that the Second Amendment is outmoded in a society where our standing army is the pride of our Nation, where well-trained police forces provide personal security, and where gun violence is a serious problem. That is perhaps debatable, but what is not debatable is that it is not the role of this Court to pronounce the Second Amendment extinct."

[Karee 4,191]

Yay! More guns! Hopefully the govt. will issue every kindergartner a firearm on their first day of school.

[Sousuke 1,214]

Yay! More guns! Hopefully the govt. will issue every kindergartner a firearm on their first day of school.

Its the end of Sheriffs in the Urban areas only providing CCW to their donors. Its the end of discrimination.

[Karee 4,191]

Its the end of Sheriffs in the Urban areas only providing CCW to their donors. Its the end of discrimination.

I'm not anti-firearm, it just seems odd to me that there's more than 330 million privately owned firearms in this country. That's one for every man woman and child. That seems excessive to me. I understand it's a right and all that, but I can't think of any other item that so many people own that's only purpose is to kill.

"I have to own a firearm to protect myself from other people with firearms" Makes me wish I was in the firearms business.

[elmcitymaven 9,712]

Fellow Golden Staters, don't rush for your CC permit just yet. It's almost certain that the county will call for review of the decision, in which case the entire 9th Circuit Court will hear it en banc, instead of just the 3 judge panel in this decision. In its 11-member entirety, the 9th Circuit leans more liberal than the panel (2 conservative, 1 liberal) in this decision. Furthermore, I understand that the decision was limited to the San Diego Sheriff's policy, and was specifically not extended to ruling on the constitutionality of any California law (though I base this on someone else's reading of the decision, not my own). It will be interesting to see how this develops, because the split in Circuit decisions on this matter seems to be forcing the issue to the Supreme Court.

[lostinblue 1,989]

I'm not anti-firearm, it just seems odd to me that there's more than 330 million privately owned firearms in this country. That's one for every man woman and child. That seems excessive to me. I understand it's a right and all that, but I can't think of any other item that so many people own that's only purpose is to kill.

"I have to own a firearm to protect myself from other people with firearms" Makes me wish I was in the firearms business.

So how many guns should I be allowed to own?

[I AM NOT THAT GUY 5,715]

A divided federal appeals court has struck down California's concealed weapons rules, saying they violate the Second Amendment right to bear arms.

The 9th U.S. Circuit Court of Appeals said Thursday that California is wrong to require applicants to show good cause to receive a permit to carry a concealed weapon. The court ruled that all law-abiding citizens are entitled to carry concealed weapons outside the home for self-defense purposes.

No link. I call BS.

[elmcitymaven 9,712]

No link. I call BS.

http://www.ca9.uscourts.gov/content/view.php?pk_id=0000000722

[GandD 5,966]

So how many guns should I be allowed to own?

16. No more, no less

[DavenRoxy 1,073]

I'm not anti-firearm, it just seems odd to me that there's more than 330 million privately owned firearms in this country. That's one for every man woman and child. That seems excessive to me. I understand it's a right and all that, but I can't think of any other item that so many people own that's only purpose is to kill.

"I have to own a firearm to protect myself from other people with firearms" Makes me wish I was in the firearms business.

You mean, as opposed to all the spears and bows/arrows the cavemen and their successors had? I think their purpose was to kill, too. (well, perhaps SOME of the neanderthal women used them to hang loin cloths out to dry, but...)

Nothing says you can't open a gun store real soon. Just gotta apply, pass a background check, pay for the FFL, then keep hella-good records. Easy-peasey!!

[I AM NOT THAT GUY 5,715]

http://www.ca9.uscourts.gov/content/view.php?pk_id=0000000722

79 page Decision and 48 page Dissent? So much for brevity!

[Peikko 1,575]

I agree, 16 firearms are a good number. I also think that every responsible citizen should own and drive a tank at every opportunity and constellations on every home would be good as well as archery slits. Oh, and a moat, must have a moat if you are serious about self defense

Constellations? That should read crenelations? You know the castle crinkly bits.