The times are changing, even in California.

[ChadAmberg]

http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/02/13/ninth-circuit-strikes-californias-restrictive-rule-against-licensed-carry-of-handguns/



The Ninth Circuit’s decision in Peruta v. San Diego, released minutes ago, affirms the right of law-abiding citizens to carry handguns for lawful protection in public.
California law has a process for applying for a permit to carry a handgun for protection in public, with requirements for safety training, a background check, and so on. These requirements were not challenged. The statute also requires that the applicant have “good cause,” which was interpreted by San Diego County to mean that the applicant is faced with current specific threats. (Not all California counties have this narrow interpretation.) The Ninth Circuit, in a 2-1 opinion written by Judge O’Scannlain, ruled that Peruta was entitled to Summary Judgement, because the “good cause” provision violates the Second Amendment.
The Court ruled that a government may specify what mode of carrying to allow (open or concealed), but a government may not make it impossible for the vast majority of Californians to exercise their Second Amendment right to bear arms.

From the 9th Circuit Court even. Congratulations to the folks in California.

[RblDiver]

Whoda thunk that the right to keep and bear arms means you have the right to keep and bear arms? (Sad that it was 2-1 and not 3-0, but hey, progress for Commiefornia!)

[ChunkyMonkey]

Good news!


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[Fromk]

I'm very interested to see what happens next and what sort of time table it happens on. There's the weird jurisdiction thing that currently exists between the counties that will need to be sorted out. I wonder how much resistance the people will meet. The fact that even if the sheriff's offices just go with it the system just won't be ready for the incredible flood of applications.

Very interesting.

[Aloha_Shooter]

I am shocked to see any kind of rational decision coming from the Ninth Circuit. Wow.

[10mm-man]

Heck yea! Now I wonder if they will reciprocate w/ Colorado?? lol.... Prob not...

[USMC88-93]

I'm very interested to see what happens next and what sort of time table it happens on. There's the weird jurisdiction thing that currently exists between the counties that will need to be sorted out. I wonder how much resistance the people will meet. The fact that even if the sheriff's offices just go with it the system just won't be ready for the incredible flood of applications.

Very interesting.

It will go before the whole Court and be reversed probably.

[Circuits]

Could either be heard en-banc (whole court) or simply be appealed directly to SCOTUS. Which route San Diego City Atty takes will depend on where he/she thinks their chances are best to get a reversal. Given that the 9th's decision causes a conflict between the 9th and 7th districts, it may go directly to SCOTUS unless a speedy en-banc hearing brought the 9th back in agreement with the 7th.

[Gman]

Interesting, particularly since it's from the 9th Circus.

[Jer]

Heck yea! Now I wonder if they will reciprocate w/ Colorado?? lol.... Prob not...

...and in the next couple of weeks too. My wife and I will be in SoCal celebrating the 10yr anniversary of when/where I proposed to her next month and having reciprocity sure would be handy. Oh well, I may be the first test case in lawsuit to get CO reciprocity. lol

[Madeinhb]

...and in the next couple of weeks too. My wife and I will be in SoCal celebrating the 10yr anniversary of when/where I proposed to her next month and having reciprocity sure would be handy. Oh well, I may be the first test case in lawsuit to get CO reciprocity. lol

Where at in SoCal? I moved from Huntington Beach to CO almost 5 years ago now.

[Jer]

Where at in SoCal? I moved from Huntington Beach to CO almost 5 years ago now.

We'll be in San Diego. I proposed to her in La Jolla, Scripp's Park overlooking the ocean at sunset to be exact. Planning to surprise her by recreating that for our 10yr anniversary followed by a renewing of our vows next year on the same day we got married at the same little chapel in Vegas. Should be fun. If it wasn't for that I would never go back to California even though I love the geographical area. One of my favorite in the nation. The people & gov't... probably my least favorite. It's a shame really but news like this gives me a bit of hope.

[hatidua]

Brady's response to the ruling:

"Neither history or precedent supports this aberrant, split decision that concocts a dangerous right of people to carry hidden handguns in public places to people whom law enforcement has determined that they have no good cause or qualifications to do so. The parents of Jordan Davis and Trayvon Martin, whose children were killed by licensed concealed-carry holders, could educate the Court about the real dangers posed by this legal error. We are hopeful that this mistake will be corrected by the entire Court."