CA Gun Rights Restored!

erudne · Nov 12, 2014

Breaking] California Gun Rights Restored!
November 12, 2014 by Tim 1 Comment

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Breaking News: 9th Circuit Court denies appeal, California Gun Rights Restored
You may remember that the 9th Circuit Court struck down the "good cause" provision for concealed carry in the County of San Diego. The ruling went to appeal, thanks to The Brady Campaign to Prevent Gun Violence and Presidential heartthrob Attorney General Kamala D. Harris. The two parties attempted to weigh-in on the side of – you guessed it – reversing the ruling, so that statists like San Diego Sheriff William Gore could continue to deny Americans their natural, civil and Constitutionally protected right to keep and bear arms. [Click here for Aaron J. Bailey most excellent analysis of the appeal.] The Court has ruled that Brady's and Harris' interest in Peruta came too late in the game. [Click here for the Court's decision.] In the Court's words . . .
The panel denied motions to intervene, which were filed after the panel's opinion and judgment holding that a responsible, law-abiding citizen has a right under the Second Amendment to carry a firearm in public for self-defense.
TTAG tipster dwb breaks it down for us . . .
Harris ("Pretty please, may I join the case?")- DENIED
Brady ("Blood in the Streets!")- DENIED
Peruta is settled law in 9th. There is no one to appeal. If you live in CA, you may now do a victory dance and exercise your natural civil rights in CA. "Self defense" must be recognized as a good cause for a carry permit. Sheriffs are going to have to start abiding by Peruta if they are not already.
It also means it's now extremely likely that the Supreme Court will take up a "may issue" carry case, because the 9th is now in direct conflict with other decisions. There are two other cases – including Baker (HI may-issue) – pending in the 9th Circuit which depend on Peruta. Probably one of those gets appealed (likely, Baker
- See more at: http://gunsnfreedom.com/breaking-california-gun-rights-restored/#sthash.K34RrEo1.dpuf

Michael Js · Nov 13, 2014

Wow! So many threads on this!

it ain't over till the fat AG lady sings....we have a long way to go with this...

Also, given the crooked & lame history of the sheriff's, they'll start using something else to deny us carry rights - like GMC - Good Moral Character...it never ends...

The Heretic · Nov 13, 2014

Q: Since the ninth covers more than Kalifornia, does this ruling apply outside of Kalifornia?

E.G., Hawaii?

What other states in the 9th district, have a similar restriction on forms of carry?

Hawaiian · Nov 13, 2014

The 9th just ruled no intervention in Peruta. The San Diego Sheriff is not appealing so that case stands.
There is still the Yolo County case in CA and that Sheriff can request en banc for a full 9th circuit review.
In Hawaii the 9th ruled the same as in Peruta in Baker and they have requested en banc for a full review.
So it is not really settled yet until the Yolo County and Baker are resolved. Then there will most likely be an appeal to the US Supreme Court. Other circuits have upheld 'good cause' requirements so it will ultimately need to be decided by the US Supreme Court. It is far from over, but we are making headway.

The Heretic · Nov 13, 2014

Q: which pro-gun orgs are involved (backing the pro-gun side) in this lawsuit - if any?

NRA?

SAF?

GOA?

U201491 · Nov 13, 2014

The Heretic said:
Q: which pro-gun orgs are involved (backing the pro-gun side) in this lawsuit - if any?

NRA?

SAF?

GOA?

Federal Appeals Court Denies California Attorney General's Bid to Overturn NRA Supported Legal Victory in Right to Carry Case

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