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9th Circut Court of Appeals kills "may issue" in California.

Discussion in 'Legal & Political Archive' started by Qaolin, Feb 13, 2014.

  1. Qaolin

    Qaolin 1 A.U. from a G2 near Beaverton Old Army Cook Silver Supporter

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    Court strikes California law limiting concealed weapons - SFGate


    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.


    Here is the 127 page ruling:


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

    Caveman Jim West of Oly Springer Slayer 2016 Volunteer

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    One small step for man.... Lets see how long before Owebama and company overrules the ruling!!!
     
    aslinged and (deleted member) like this.
  3. PiratePast40

    PiratePast40 Willamette Valley Well-Known Member

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    They haven't overruled the issue for Illinois, why would the overrule the decision for California?
     
  4. evltwn

    evltwn Gold Hill Oregon Bronze Supporter Bronze Supporter

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    Yeah, well we can project how well this will play out by observing how "easy" it is now to carry in Washington DC.
     
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  5. Martini_Up

    Martini_Up NW USA Well-Known Member

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    2-1... love to know how the 1 justified their vote.
     
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  6. Martini_Up

    Martini_Up NW USA Well-Known Member

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    Exactly.
     
  7. Diamondback

    Diamondback A cold, wet green Hell Well-Known Member

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    OMG, Ninth Circus gets one right... I don't know if it's one of the Lord's miracles or a sign that Apocalypse draws nigh.
     
    duane black, FortRock, GMuny and 3 others like this.
  8. Boomerang

    Boomerang Portland area Active Member

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  9. 8ball

    8ball WA Quit talkin' and start chalking!

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    This is great news for those trapped in the Peoples Republik of Kalifornia. WA and OR are also 9th Circuit states, so it's good precedent for us here as well.

    Now the ruling just has to survive an en banc hearing...
     
  10. Dave Workman

    Dave Workman Western Washington Bronze Supporter Bronze Supporter

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    Well, sorta.
    It doesn't kill the law, only the way it was being applied in San Diego County. But it's a step in the right direction.


    Ninth Circuit gun rights win underscores need for SCOTUS carry ruling

    Today’s ruling by a Ninth Circuit Court of Appeals panel in California that strikes down a requirement by San Diego County that concealed carry permit applicants must show “good cause” underscores the need for the Supreme Court of the United States (SCOTUS) to accept a New Jersey carry case filed by the Second Amendment Foundation...

    Ninth Circuit gun rights win underscores need for SCOTUS carry ruling - Seattle gun rights | Examiner.com
     
  11. duane black

    duane black Washington Well-Known Member

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    WTF...

    Pretty big deal for our brothers in the Golden State.

    hell-freezes-over-350_zps389e209e.jpg
     
  12. fd15k

    fd15k Tigard,OR Well-Known Member

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    Don't forget Hawaii and a bunch of other island territories...
     
  13. fd15k

    fd15k Tigard,OR Well-Known Member

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    I wonder if some of the local sceptics will STFU now...
     
  14. rodell

    rodell Newcastle, WA Active Member

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    It is the 9th circuit, it will help out Hawaii, too.

    This is really a big deal.
     
  15. fd15k

    fd15k Tigard,OR Well-Known Member

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    206thsense and (deleted member) like this.
  16. Swedish K

    Swedish K SW Washington Moderator Staff Member

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    The 9th, being the most overturned federal court in the nation last time I checked, got this one right - since there have been differing appeals cases along these lines the SCOTUS will likely end up taking this one if the state/county appeal further. We can all hope that SCOTUS will uphold it, though its a toss up at this point.
     
  17. fd15k

    fd15k Tigard,OR Well-Known Member

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    There is no reason for SCOTUS to take up the case. 9th was in the split with the rest of the nation, but this one fixed that. There are now multiple circuits that recognize the right to bear arms outside the home.
     
  18. 206thsense

    206thsense Seattle, WA, USA Bronze Supporter Bronze Supporter

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    Some of the best news I heard all day... but even better for the gun community in California!
     
    duane black and (deleted member) like this.
  19. BSG 75

    BSG 75 Oregon Well-Known Member

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    There is every reason for SCOTUS to take up a carry case. There is now a 2 vs. 3 split in the Circuit courts.

     
  20. fd15k

    fd15k Tigard,OR Well-Known Member

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    My bad. I will review that stuff.