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

[Jim Colvill]

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:


<broken link removed>

Read More

 

[Caveman Jim]

One small step for man.... Lets see how long before Owebama and company overrules the ruling!!!

 

[PiratePast40]

One small step for man.... Lets see how long before Owebama and company overrules the ruling!!!

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

 

[evltwn]

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

 

[Martini_Up]

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

 

[Martini_Up]

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

Exactly.

 

[Diamondback]

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.

 

[Boomerang]

Washington post article: Ninth Circuit strikes California?s restrictive rule against licensed carry of handguns

 

[8ball]

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...

 

[Dave Workman]

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...

<broken link removed>

 

[duane black]

WTF...

Pretty big deal for our brothers in the Golden State.

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.

 

[fd15k]

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...

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

 

[fd15k]

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

 

[rodell]

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

This is really a big deal.

 

[fd15k]

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.

I don't think you got that right. Please check the press release from Calguns Foundation.

<broken link removed>

 

[Swedish K]

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.

 

[fd15k]

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.

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.

 

[206thsense]

Some of the best news I heard all day... but even better for the gun community in California!

 

[fd15k]

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

My bad. I will review that stuff.

 

[aslinged]

Nice. Traveling to north CA, even with ten rounds, would open things up nicely for we southern Oregonians. Pray for reciprocity next.