Uncensored2008
Libertarian Radical
Interaction of Government on Concealed Carry
The United States Constitution guarantees the rights of American citizens by enumerating certain rights in the first 10 Amendments to the Constitution. While the 9th Amendment makes it clear that the enumeration of rights does not deny other rights, the founding fathers found certain rights to be of great enough importance to directly protect them. Among these rights are freedom of speech, religion, and the right of assembly. In addition, the right of the people to defend themselves is enumerated in the 2nd Amendment. The 14th Amendment compels states to recognize and protect the rights of all citizens.
Infringement
Despite wording in the 2nd Amendment that the right of the people to keep and bear arms shall not be infringed, California has a long history of infringing these civil rights. The first law passed to keep people disarmed came in 1851, when the California legislature outlawed the sale of firearms or ammunition to Indians within the state (Davis, 2013, p. 13).
Later laws were also targeted at specific people. Oakland law prohibiting the open carry of weapons specified that the Black Panthers were specifically prohibited from carrying weapons (Root, 2011, p. 1). This prohibition was later pushed to the state level. While the state did not prohibit the open carry of weapons by only black people, they did pass a prohibition against the open carry of weapons by citizens.
In following decades, local governments in Los Angeles and San Francisco passed more stringent gun control laws which flagrantly violate the 2nd Amendment. The major population centers set a precedent for counties across the state, which adopted ever more stringent restrictions on possession of firearms. Even conservative areas of the state such as San Diego County adopted laws revoking 2nd Amendment rights.
Challenge
State and local governments have worked together to deny rights to citizens in California for decades. For most of this period, the federal government has aided efforts to infringe rights. Public support of these efforts rose in the 1960s and 70s. In 1994, the assault weapons ban was passed by the federal government. Despite the passage of the bill, with it signed into law by Bill Clinton, the act worked to change attitudes of the public toward gun control. Support of gun control began to decline directly after the passage of the act, and has continued to decline since. Since 2008, support for gun control has dramatically decreased (CNN Political Unit [CNN], 2013, p. 4). Concurrent to renewed public support of 2nd Amendment rights, many states have provided citizens with permits to carry concealed firearms. California has moved in the opposite direction to the majority of the country by placing greater restrictions and denying permits to ordinary citizens. The County of San Diego has a policy of issuing permits only if the requestor can prove imminent danger that pepper spray or other methods cannot mitigate. The California Rifle and Pistol Association filed suit on grounds that this is unconstitutional (Richman, 2014, p. 23). The United States 9th Circuit Court of Appeals ruled that the restrictions do violate the Constitution.
The ruling fractured the coalition of local, state, and federal infringement of this civil right. The state of California seeks to appeal the ruling, but San Diego Sheriff Bill Gore submitted to the ruling and stated that his department will issue permits to all law abiding citizens who pass a background check.
Friction
The court ruling dispelled the veneer of unified opposition to 2nd Amendment rights between governmental levels, with many local governments celebrating the ruling. Desert Hot Springs in Riverside County seeking to increase the number of residents legally armed as a means of increasing public safety (Gostar, 2014, p. 7). The area has a high level of gang activity with the laws ensuring that only the criminal elements are armed. By arming the law abiding people in the area, Police Chief Dan Bressler believes that the tendency of armed gangs to prey on people will be reduced. The disadvantage of conflicting administration of the law is that residents in some areas of the state will be allowed permits while equally qualified residents in other areas will be denied permits.
Conclusion
The question of gun control and concealed carry permits is currently a topic of debate between the federal, state, and local government entities in the state of California. Despite a desire by the state government to deny rights to citizens, Constitutional challenges make restricting rights more difficult. Local governments are breaking with the state and supporting the rights of the people to keep and bear arms. If the state is successful in challenging the court ruling, the issue will be pushed to the Supreme Court for final resolution. With the current configuration of the court, it is unlikely for the state to prevail. The solution to the question is for the state to drop all challenges and abide by the United States Constitution.
 
References
CNN Political Unit (2013, December 4, 2013). CNN Poll: Support for stricter gun control fades. Retrieved March 9, 2014, from CNN Poll: Support for stricter gun control fades ? CNN Political Ticker - CNN.com Blogs
Davis, J. (2013, April, 3, 2013). Californias first gun control law: The racist roots and evolution of the gun control movement. Retrieved March 9, 2014, from California?s First Gun Control Law: The Racist Roots and Evolution of the Gun Control Movement | Calguns Foundation
Gostar, R. (2014, March 9, 2014). Concealed-gun ruling widens debate in California. Retrieved March 9, 2014, from Concealed-gun ruling widens debate in California
Richman, J. (2014, February 27, 2014). Gun laws in California: Concealed-carry ruling appealed by Attorney General Kamala Harris. Retrieved March 9, 2014, from Gun laws in California: Concealed-carry ruling appealed by Attorney General Kamala Harris - San Jose Mercury News
Root, D. (2011, August 5, 2011). When the Black Panthers challenged gun control. Retrieved March 9, 2014, from When the Black Panthers Challenged Gun Control - Hit & Run : Reason.com
The United States Constitution guarantees the rights of American citizens by enumerating certain rights in the first 10 Amendments to the Constitution. While the 9th Amendment makes it clear that the enumeration of rights does not deny other rights, the founding fathers found certain rights to be of great enough importance to directly protect them. Among these rights are freedom of speech, religion, and the right of assembly. In addition, the right of the people to defend themselves is enumerated in the 2nd Amendment. The 14th Amendment compels states to recognize and protect the rights of all citizens.
Infringement
Despite wording in the 2nd Amendment that the right of the people to keep and bear arms shall not be infringed, California has a long history of infringing these civil rights. The first law passed to keep people disarmed came in 1851, when the California legislature outlawed the sale of firearms or ammunition to Indians within the state (Davis, 2013, p. 13).
Later laws were also targeted at specific people. Oakland law prohibiting the open carry of weapons specified that the Black Panthers were specifically prohibited from carrying weapons (Root, 2011, p. 1). This prohibition was later pushed to the state level. While the state did not prohibit the open carry of weapons by only black people, they did pass a prohibition against the open carry of weapons by citizens.
In following decades, local governments in Los Angeles and San Francisco passed more stringent gun control laws which flagrantly violate the 2nd Amendment. The major population centers set a precedent for counties across the state, which adopted ever more stringent restrictions on possession of firearms. Even conservative areas of the state such as San Diego County adopted laws revoking 2nd Amendment rights.
Challenge
State and local governments have worked together to deny rights to citizens in California for decades. For most of this period, the federal government has aided efforts to infringe rights. Public support of these efforts rose in the 1960s and 70s. In 1994, the assault weapons ban was passed by the federal government. Despite the passage of the bill, with it signed into law by Bill Clinton, the act worked to change attitudes of the public toward gun control. Support of gun control began to decline directly after the passage of the act, and has continued to decline since. Since 2008, support for gun control has dramatically decreased (CNN Political Unit [CNN], 2013, p. 4). Concurrent to renewed public support of 2nd Amendment rights, many states have provided citizens with permits to carry concealed firearms. California has moved in the opposite direction to the majority of the country by placing greater restrictions and denying permits to ordinary citizens. The County of San Diego has a policy of issuing permits only if the requestor can prove imminent danger that pepper spray or other methods cannot mitigate. The California Rifle and Pistol Association filed suit on grounds that this is unconstitutional (Richman, 2014, p. 23). The United States 9th Circuit Court of Appeals ruled that the restrictions do violate the Constitution.
The ruling fractured the coalition of local, state, and federal infringement of this civil right. The state of California seeks to appeal the ruling, but San Diego Sheriff Bill Gore submitted to the ruling and stated that his department will issue permits to all law abiding citizens who pass a background check.
Friction
The court ruling dispelled the veneer of unified opposition to 2nd Amendment rights between governmental levels, with many local governments celebrating the ruling. Desert Hot Springs in Riverside County seeking to increase the number of residents legally armed as a means of increasing public safety (Gostar, 2014, p. 7). The area has a high level of gang activity with the laws ensuring that only the criminal elements are armed. By arming the law abiding people in the area, Police Chief Dan Bressler believes that the tendency of armed gangs to prey on people will be reduced. The disadvantage of conflicting administration of the law is that residents in some areas of the state will be allowed permits while equally qualified residents in other areas will be denied permits.
Conclusion
The question of gun control and concealed carry permits is currently a topic of debate between the federal, state, and local government entities in the state of California. Despite a desire by the state government to deny rights to citizens, Constitutional challenges make restricting rights more difficult. Local governments are breaking with the state and supporting the rights of the people to keep and bear arms. If the state is successful in challenging the court ruling, the issue will be pushed to the Supreme Court for final resolution. With the current configuration of the court, it is unlikely for the state to prevail. The solution to the question is for the state to drop all challenges and abide by the United States Constitution.
 
References
CNN Political Unit (2013, December 4, 2013). CNN Poll: Support for stricter gun control fades. Retrieved March 9, 2014, from CNN Poll: Support for stricter gun control fades ? CNN Political Ticker - CNN.com Blogs
Davis, J. (2013, April, 3, 2013). Californias first gun control law: The racist roots and evolution of the gun control movement. Retrieved March 9, 2014, from California?s First Gun Control Law: The Racist Roots and Evolution of the Gun Control Movement | Calguns Foundation
Gostar, R. (2014, March 9, 2014). Concealed-gun ruling widens debate in California. Retrieved March 9, 2014, from Concealed-gun ruling widens debate in California
Richman, J. (2014, February 27, 2014). Gun laws in California: Concealed-carry ruling appealed by Attorney General Kamala Harris. Retrieved March 9, 2014, from Gun laws in California: Concealed-carry ruling appealed by Attorney General Kamala Harris - San Jose Mercury News
Root, D. (2011, August 5, 2011). When the Black Panthers challenged gun control. Retrieved March 9, 2014, from When the Black Panthers Challenged Gun Control - Hit & Run : Reason.com
