Other State 9th reverses and remands denial of preliminary injunction in open carry case

[bcp]

From:

https://cdn.ca9.uscourts.gov/datastore/opinions/2023/09/07/23-15016.pdf

"Second Amendment/Preliminary Injunctions

The panel reversed the district court's denial of
Appellants' motion for a preliminary injunction seeking to
enjoin enforcement of California Penal Code sections that
impose criminal penalties for the unlicensed open carry of a
handgun, and remanded with instructions.

The panel held that the district court abused its discretion
by applying an incorrect legal standard to deny Appellants'
motion for a preliminary injunction. ..."

Bruce

Read More

 

[Stomper]

From:

https://cdn.ca9.uscourts.gov/datastore/opinions/2023/09/07/23-15016.pdf

"Second Amendment/Preliminary Injunctions

The panel reversed the district court's denial of
Appellants' motion for a preliminary injunction seeking to
enjoin enforcement of California Penal Code sections that
impose criminal penalties for the unlicensed open carry of a
handgun, and remanded with instructions.

The panel held that the district court abused its discretion
by applying an incorrect legal standard to deny Appellants'
motion for a preliminary injunction. ..."

Bruce

That's awesome, but it'll probably take another 1-2 years to re-hear… it's already been over FIVE YEARS, so what's another 1-2 years, yeah?

 

[msgriff]

Quick recap:
CA bans open carry, except for counties with less than 200,000 residents (about 5% of CA population). Those eligible still need an open carry permit, but they don't exist. Leftist judge denied preliminary injunction based on her feelings instead of the Constitution or the law. She was told to follow the law.
Courthouse News Service Article 09-07-2023

 

[dangerranger60]

So the CA county I live in offers an open carry permit. It takes the same background check, training, and license costs, as a CCW but can only be used in the county. It is not in force in any other county. Why would anyone want one? DR

 

[fmvolume86]

the problem in CA is the law enforcement even enforcing these ILLEGAL laws instead of telling their tyrants to F off ...... They won't go after real criminals but they'll what enforce you open carrying ??? how do you even go hunting in CA ???