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9th Circuit Court strikes down CC permit restrictions in CA.

Discussion in 'Handguns' started by Amafan, Feb 13, 2014.

  1. Amafan

    Amafan Loaded Pockets

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    Just heard on the news that the Federal Court struck down CC restrictions imposed by San Diego County. Cited "right to bear arms clearly extends beyond the home." This means "self defense" is an adequate reason to request and be granted a CC permit. Expect more on this, but the counties themselves will have to justify denying a permit now. Interesting huh.
     
  2. J_C
    • In Omnia Paratus

    J_C Loaded Pockets

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    CA can appeal to US Supreme Court, but until they do, 9th Circuit is law. Nice to see some of the states being reminded of the Constitution now and then.
     
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  3. Amafan

    Amafan Loaded Pockets

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    CA Law permits CC, but delegates to the counties the responsibility to issue permits. In most counties this falls to the County Sheriff. Most urban counties just refuse to issue any permits. Thus, I believe CA has no standing under the law to appeal. The counties themselves will have to bring it to the Supremes.
     
  4. VT-aroo

    VT-aroo Loaded Pockets

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    A had not heard that the ruling meant that now they should issue the permits. I thought my put upon neighbors were going to be left hanging until it went all the way to the supreme court. That is good news.
     
  5. Amafan

    Amafan Loaded Pockets

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    It looks like SD will appeal to the en banc 9th court. Ruling is on hold until then. Justices don't like to be overturned so they may refuse to hear the appeal to set up the Supremes to rule on the conflicted law between the 7th and 9th Courts, and 2-4 which have ruled opposite. Meanwhile suits are going forward in CA to force local authorities to issue permits.
     
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  6. jemhouston

    jemhouston Loaded Pockets

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    Could this be the first sign of sanity in California?
     
  7. EDChris

    EDChris Loaded Pockets

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    As mentioned previously, it is not California, but rather the different counties. My urban county will not issue CCW but a neighboring, more rural county will.

    I really hope things start to change so I can finally conceal carry.
     
  8. Dafabricata

    Dafabricata Loaded Pockets

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    OH, The humanity! The streets will run red in blood! Just you wait and see!
     
  9. ChrisHunter

    ChrisHunter Loaded Pockets

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    But what about THE CHILDREN??!?! ::sarc::
     
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  10. CSM-101
    • GITD Manix 2XL Owner
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    CSM-101 EDC Junkie!!!!!

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    Don't hold your breath. :nah_disagree:
     
  11. Domain

    Domain Loaded Pockets

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    "Now every traffic altercation will result in a gunfight in the street!!!!!!"
     
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  12. ChrisHunter

    ChrisHunter Loaded Pockets

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    Case in point:


    I'm sure all those Oakland residents are licensed CCW. I didn't know CCW covered full auto, huh go figure.

    Anybody that thinks it's a good idea to keep guns away from law biding citizens makes violent criminals the ruling class. If you watch a few of these "sideshows" in Oakland, many times cops drive up on them but have to flee. Who's in charge there?
     
  13. TARFU
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    TARFU EDC!!!!! Junkie

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    Something like this is what eventually got those of us who live in the People's Republic of Illinois legalized concealed carry.
     
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  14. Amafan

    Amafan Loaded Pockets

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    Doubtful. The local officials will continue to fight this ruling. Remember this is the Federal Court forcing the local officials to act constitutionally to allow its citizens to keep and "bear" arms. The bear part being emphasized. Cited by the court that the possibility of armed confrontation certainly exists outside the home. They freely relied on the SCOTUS Heller decision that overturned the outright ban on handguns in DC and established the right to keep and bear arms as an individual right and not just a "collective" right; i.e militias.

    It looks like it will be appealed to SCOTUS for a decision that could establish those rights extend beyond the home.
     
  15. Slipjoint

    Slipjoint Loaded Pockets

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    This is a huge victory. It's built on solid ground, including the Heller decision, and it puts the antis in a bad situation.

    The smartest move for the antis would be to just make California a shall-issue state. That would be a significant defeat for the anti-gun movement. But if they try and fight it (an uphill battle to say the least), they might inadvertently kick it up to the supreme court. And if it goes to the supreme court and they lose, this decision will be in effect nationwide.

    The antis have gotten a few recent state-level victories, but the courts have not been kind to them in the last few years. Every supreme court case that they lose is devastating to their cause. If they take this nationwide and they lose, it may very well be a crippling loss for them. :byebye:
     
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  16. Amafan

    Amafan Loaded Pockets

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    I don't see how it won't be sent to the Supremes. If the en banc 9th court overturns it the plaintiffs will appeal. If the en banc court upholds it, the defendants will, or it becomes precedent for suits all over the country. Either way, the Supremes will have to resolve the conflict between the 7th and 9th with the 2nd, 3rd, and 4th circuits.
     
  17. Kilted1

    Kilted1 Loaded Pockets

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    Of course the state is going to appeal. I just don't see them shrugging and walking away at this point. However SCOTUS has the privilege of saying, "no" and letting the ruling stand. I'm not taking bets but it wouldn't surprise me if they did just that since, while not directly ruling on it, I believe the issue was brought up in the McDonald ruling.
     
  18. Amafan

    Amafan Loaded Pockets

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    Again, CA is not a party in this. CA law permits CCW. The suit before the Ninth was about SD county policy of requiring ridiculous requirements to issue a permit to the point of making it impossible to obtain one. Ninth said the only requirement acceptable other than good character was need for self defense. Thus, The county will have to appeal the decision.
     
  19. Kilted1

    Kilted1 Loaded Pockets

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    Right! At some level I know this but it took you knocking me over the head to fully get it. Thanks! :)
     
  20. Amafan

    Amafan Loaded Pockets

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    Not a problem.