California now a shall issue state

Quantum Windbag

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May 9, 2010
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The 9th Circuit just shot down California's scheme to keep people from being able to defend themselves in public.

As I noted earlier, today’s Ninth Circuit decision in Peruta v. County of San Diego (9th Cir. Feb. 13, 2014), concludes that California’s broad limits on both open and concealed carry of loaded guns “impermissibly infringe[] on the Second Amendment right to bear arms in lawful self-defense.” I’ve now finished reading the opinions, and had a few general thoughts.
1. California law essentially leaves most law-abiding adults without the ability to carry guns in public for effective self-defense, period. People are barred from carrying guns either openly or concealed. It is this broad policy that the majority holds unconstitutional.
In D.C. v. Heller, the Supreme Court strongly suggested that (1) the right to “bear” arms means the right to carry them, but that (2) bans on concealed carry are constitutional:

More on the reasoning of the Ninth Circuit?s right-to-carry-a-gun opinion
 
9th Circus Court suddenly breaking out in Constitutionalism?

Wow, Obama needs must abandon ALL hope!
 
But a broad ban on all gun carrying in public, the court held, violates the Second Amendment.
I was somehow under the impression that Illinois was the last state that for the most part did not allow open nor concealed carry. :eusa_eh:

I guess there are still states out there that violate the Second Amendment.
 
But a broad ban on all gun carrying in public, the court held, violates the Second Amendment.
I was somehow under the impression that Illinois was the last state that for the most part did not allow open nor concealed carry. :eusa_eh:

I guess there are still states out there that violate the Second Amendment.

No, there are still others. Maryland, for example, has extremely restrictive laws. Laws that violate the constitution according to this ruling, no less. Pretty much the only time you can carry a gun outside of the home is if:

1 - You are hunting.
2 - Unloaded, in a case, in the trunk of your vehicle, going to or from the place you bought it.
3 - Unloaded, in a case, in the trunk of your vehicle, going to or from the shooting range.
4 - With a license, obtainable only with "good cause shown" similar to the CA law.

Maybe me and a few friends should get together and file our own lawsuit.
 
I just finished reading the ruling and was shocked that all States that fall under the 9th are now"shall issue" States.

Life is good today.
 
Can't find anywhere in the constitution where it says the right to bear arms is at the discretion of the government. its about time the courts held up justice
 
But a broad ban on all gun carrying in public, the court held, violates the Second Amendment.
I was somehow under the impression that Illinois was the last state that for the most part did not allow open nor concealed carry. :eusa_eh:

I guess there are still states out there that violate the Second Amendment.

NY and NJ
 
But a broad ban on all gun carrying in public, the court held, violates the Second Amendment.
I was somehow under the impression that Illinois was the last state that for the most part did not allow open nor concealed carry. :eusa_eh:

I guess there are still states out there that violate the Second Amendment.

Illinois was the last state that didn't permit carry for anyone. They didn't even appeal the decision that overturned that law, which shows how far this has come.
 
But a broad ban on all gun carrying in public, the court held, violates the Second Amendment.
I was somehow under the impression that Illinois was the last state that for the most part did not allow open nor concealed carry. :eusa_eh:

I guess there are still states out there that violate the Second Amendment.

NY and NJ
Yeah, both are "may issue" states, meaning it is very hard to get a CCW permit.
 
But a broad ban on all gun carrying in public, the court held, violates the Second Amendment.
I was somehow under the impression that Illinois was the last state that for the most part did not allow open nor concealed carry. :eusa_eh:

I guess there are still states out there that violate the Second Amendment.

Illinois was the last state that didn't permit carry for anyone. They didn't even appeal the decision that overturned that law, which shows how far this has come.

Illinois appears to have implemented a "shall issue" law. After passing a 16 hour training course, CCW permits are generally granted. The exception being when an applicant appears to be unstable, a danger to himself or others or a threat to public safety.
 
If the Supreme Court upholds this finding will it affect the whole USA or just the 9th District?

And doesn't this decision now govern the entire 9th District until the Supreme Court overturns it?
 
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I was somehow under the impression that Illinois was the last state that for the most part did not allow open nor concealed carry. :eusa_eh:

I guess there are still states out there that violate the Second Amendment.

Illinois was the last state that didn't permit carry for anyone. They didn't even appeal the decision that overturned that law, which shows how far this has come.

Illinois appears to have implemented a "shall issue" law. After passing a 16 hour training course, CCW permits are generally granted. The exception being when an applicant appears to be unstable, a danger to himself or others or a threat to public safety.

How about in Chitown?
 
Illinois was the last state that didn't permit carry for anyone. They didn't even appeal the decision that overturned that law, which shows how far this has come.

Illinois appears to have implemented a "shall issue" law. After passing a 16 hour training course, CCW permits are generally granted. The exception being when an applicant appears to be unstable, a danger to himself or others or a threat to public safety.

How about in Chitown?
I believe Chicago is included since it is a part of Cook County, and CCW permits will be granted in Cook County.
 
If the Supreme Court upholds this finding will it affect the whole USA or just the 9th District?

If the Supreme Court were to issue an essentially equivalent ruling, the precedent would apply to the entire country. It would not, however, instantly invalidate any particular laws of other states or localities that might be believed to be contrary to the precedent.

And doesn't this decision now govern the entire 9th District until the Supreme Court overturns it?

The precedent applies to the entire 9th circuit.
 
If the Supreme Court upholds this finding will it affect the whole USA or just the 9th District?

If the Supreme Court were to issue an essentially equivalent ruling, the precedent would apply to the entire country. It would not, however, instantly invalidate any particular laws of other states or localities that might be believed to be contrary to the precedent.

And doesn't this decision now govern the entire 9th District until the Supreme Court overturns it?

The precedent applies to the entire 9th circuit.

If the Supreme Court upholds this ruling wouldn't states that have restrictive May Issue laws have to adjust their laws accordingly?

Doesn't make sense that Connecticut, New Jersey, New York, Rhode Island, DC, Hawaii, Maryland, Massachusetts, would have to have equivalent lawsuits in each state for their laws to be changed.
 
Can't find anywhere in the constitution where it says the right to bear arms is at the discretion of the government.

Since when does the left care about the Constitution?
 
If the Supreme Court upholds this finding will it affect the whole USA or just the 9th District?

If the Supreme Court were to issue an essentially equivalent ruling, the precedent would apply to the entire country. It would not, however, instantly invalidate any particular laws of other states or localities that might be believed to be contrary to the precedent.

And doesn't this decision now govern the entire 9th District until the Supreme Court overturns it?

The precedent applies to the entire 9th circuit.

If the Supreme Court upholds this ruling wouldn't states that have restrictive May Issue laws have to adjust their laws accordingly?

Doesn't make sense that Connecticut, New Jersey, New York, Rhode Island, DC, Hawaii, Maryland, Massachusetts, would have to have equivalent lawsuits in each state for their laws to be changed.

If those states are smart, they would take it upon themselves to change their laws and policies to conform to the precedent. Why devote the resources toward enforcement of laws when they know that they will lose in court? If they really want to be douche bags they can choose to press the issue and ignore the court's ruling. But that will only lead to wasted money on futile litigation, angry voters, and possible liability for monetary damages for civil rights violations.
 
The 9th Circuit just shot down California's scheme to keep people from being able to defend themselves in public.

As I noted earlier, today’s Ninth Circuit decision in Peruta v. County of San Diego (9th Cir. Feb. 13, 2014), concludes that California’s broad limits on both open and concealed carry of loaded guns “impermissibly infringe[] on the Second Amendment right to bear arms in lawful self-defense.” I’ve now finished reading the opinions, and had a few general thoughts.
1. California law essentially leaves most law-abiding adults without the ability to carry guns in public for effective self-defense, period. People are barred from carrying guns either openly or concealed. It is this broad policy that the majority holds unconstitutional.
In D.C. v. Heller, the Supreme Court strongly suggested that (1) the right to “bear” arms means the right to carry them, but that (2) bans on concealed carry are constitutional:

More on the reasoning of the Ninth Circuit?s right-to-carry-a-gun opinion

'Shall' is the better one right? :) Shall/May confuses me in the early morning hours. :)
 
"Shall" means if the applicant has no criminal record you have to give him the permit.

"May" means you have discretion to come up with all sorts of requirements and disqualifiers in order to get a permit.
 

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