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Court strikes California law limiting concealed weapons
SFgate.com ^ | thursday, February 13, 2014 | Bob Egelko

Posted on 02/13/2014 11:24:30 AM PST by KneelBeforeZod

California must allow law-abiding citizens to carry concealed firearms in public, a federal appeals court ruled Thursday, striking down the core of the state's permit system for handguns.

In a 2-1 decision, the Ninth U.S. Circuit Court of Appeals in San Francisco said San Diego County violates the Constitution's Second Amendment by requiring residents to show "good cause" - and not merely the desire to protect themselves - to obtain a concealed-weapons permit.

State law requires applicants to demonstrate good cause, as well as good moral character, to carry concealed handguns, while leaving the permit process up to each city and county. The ruling, if it stands, would invalidate that system.

(Excerpt) Read more at sfgate.com ...


TOPICS: Culture/Society; Government; News/Current Events; US: California
KEYWORDS: 2nd; californiaguns; ccw; rkba
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Well I won't run out just yet to get a new holster. Unless there is a really good sale that can't be missed. I'm guessing this will be appealed for years.
1 posted on 02/13/2014 11:24:30 AM PST by KneelBeforeZod
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To: KneelBeforeZod

FeinSwine and dumbasaBoxer are going to have kittens.


2 posted on 02/13/2014 11:27:12 AM PST by Zathras
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To: KneelBeforeZod

It is far past time that the 2A was recognized as being just as necessary and important as the 1st.


3 posted on 02/13/2014 11:27:37 AM PST by Blood of Tyrants (Haven't you lost enough freedoms? Support an end to the WOD now.)
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To: KneelBeforeZod

SF Court? This is a stunning ruling! And now San Diego has elected a Republican Mayor, Mayor Faulconer. Perhaps SF’s ruling might not be appealed?


4 posted on 02/13/2014 11:29:04 AM PST by CivilWarBrewing
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To: Blood of Tyrants

CA needs to honor my AR CCW permit.


5 posted on 02/13/2014 11:29:31 AM PST by DCBryan1 (No realli, moose bytes can be quite nasti!!)
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To: Zathras

Yeah, I thought I heard heads exploding this morning.


6 posted on 02/13/2014 11:30:31 AM PST by Navy Patriot (Join the Democrats, it's not Fascism when WE do it, and the Constitution and law mean what WE say.)
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To: KneelBeforeZod
Ninth U.S. Circuit Court of Appeals

Amazing coming from them......

7 posted on 02/13/2014 11:31:14 AM PST by Osage Orange (I have strong feelings about gun control. If there's a gun around, I want to be controlling it.)
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To: CivilWarBrewing
SF Court? This is a stunning ruling!

9th Circus, and yes for that reason.

8 posted on 02/13/2014 11:32:46 AM PST by Navy Patriot (Join the Democrats, it's not Fascism when WE do it, and the Constitution and law mean what WE say.)
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To: CivilWarBrewing

I think the problem is the San Diego County Sheriff, Bill Gore. He is a PC political hack. He was the FBI agent in charge at Ruby Ridge.


9 posted on 02/13/2014 11:34:21 AM PST by forgotten man
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To: KneelBeforeZod

Well it’s about time that we are permitted the same basic freedoms here in Kalifornia as the rest of the country.


10 posted on 02/13/2014 11:39:53 AM PST by Cyman (We have to pass it to see what's in it= definition of stool sample)
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To: KneelBeforeZod

Wait ... the Ninth Circus did what?????


11 posted on 02/13/2014 11:39:58 AM PST by dartuser
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To: KneelBeforeZod

I bet some of the judges on the 9th circus have nice arsenals,, and exit plans.


12 posted on 02/13/2014 11:40:26 AM PST by NormsRevenge (Semper Fi)
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To: KneelBeforeZod

The liberal Nine Circus struck down California’s discriminatory “may issue” concealed carry system - in which California local sheriffs and police chiefs could grant CCWs to politically connected celebrities and campaign donors. It was corrupt and unjust.

And it forces California to move to “shall issue.” A blow to the gun banners in the Bluest state in the country!


13 posted on 02/13/2014 11:41:23 AM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: KneelBeforeZod

From the 9th Circus?.............I’m STUNED..................


14 posted on 02/13/2014 11:48:26 AM PST by Red Badger (Proud member of the Zeta Omicron Tau Fraternity since 2004...................)
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To: KneelBeforeZod

It was a 2-1 decision, on appeal it will go in front of all of them if I’m not mistaken.

I think one of the two judges who voted this way is probably getting the icy stare of death from a majority of the bench right now...


15 posted on 02/13/2014 11:48:33 AM PST by Abathar (Proudly posting without reading the article carefully since 2004)
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To: KneelBeforeZod
I don't know about you, but this guy should get a little more training. Not much trigger control. I doubt it was over 10 yards.


16 posted on 02/13/2014 11:49:43 AM PST by ImJustAnotherOkie (zerogottago)
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To: Abathar

It will have to go to the US Supreme Court.

It will have to decide if “may issue” CCW is constitutional. If it isn’t we can expect to see it struck down in New York, Maryland and Puerto Rico. We can also expect Hawaii’s “no issue” to be invalidated as well.

The trend is our friend and definitely speaks to elevating Second Amendment rights to the same level of strict scrutiny as governmental actions on the First Amendment.

In other words, the federal, state and local governments will have to show a compelling state interest in restricting people’s right to bear arms and to defend themselves.

The ant-gun side on the losing end of the battle! Take that Michael Bloomberg!


17 posted on 02/13/2014 11:56:09 AM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: ImJustAnotherOkie

“I don’t know about you, but this guy should get a little more training. Not much trigger control. I doubt it was over 10 yards”

Thats better than one guy I saw at the range. He was bouncing rounds off the ground at 10 yards.


18 posted on 02/13/2014 11:58:30 AM PST by Brooklyn Attitude (Things are only going to get worse.)
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To: KneelBeforeZod

Text of the ruling...

http://cdn.ca9.uscourts.gov/datastore/opinions/2014/02/12/1056971.pdf

I skimmed through it. This opens up challenges to the permitting process as a “poll tax” as it infringes on an Individual and protected Right that applies via the 14th and the Supremacy clause.

Just like I’ve been saying for years...


19 posted on 02/13/2014 11:58:31 AM PST by Dead Corpse (I will not comply.)
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To: ImJustAnotherOkie
I shot much better than that my first time shooting a handgun, let alone on my CHL class qualification!

I really hope that this ruling sticks, since this may be what it takes for the rest of the "may issue" states to get it through their heads that the 2nd Amendment applies to ordinary citizens, not just those with political connections. Considering that most of my family lives in states that do not accept CCWs from my state, I would very much like for those states to actually start accepting my CHL at some point. Otherwise I may not go visit my family again.

20 posted on 02/13/2014 11:58:49 AM PST by lcms rev
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To: goldstategop

Not doing a full on Snoopy dance yet, but I’m warming up my dancing shoes just in case...


21 posted on 02/13/2014 12:00:18 PM PST by Dead Corpse (I will not comply.)
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To: KneelBeforeZod

The Ninth Circus actually made a good decision - it will be promptly reversed.


22 posted on 02/13/2014 12:04:15 PM PST by Little Ray (How did I end up in this hand-basket, and why is it getting so hot?)
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To: lcms rev

Yup, you shouldn’t have to be a celebrity, be a friend of law enforcement or someone prominent to have the right of self-defense. And its quite frankly NONE of the sheriff’s or police chief’s business why I need a gun. I don’t have to explain my reasons to them any more than a cop has to answer to his boss on why he carries a gun on duty.

We all have the right to protect ourselves, not just the rich and famous and the politically connected. The rules for issuing a permit have to be the same for every one and your right to bear arms should not be a function of your social status, political influence or wealth. That belongs to all of us.


23 posted on 02/13/2014 12:05:16 PM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: Little Ray

Even if en banc review reverses the 2-1 decision, it sets the stage for a trip to the SCOTUS.


24 posted on 02/13/2014 12:05:21 PM PST by Dead Corpse (I will not comply.)
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To: Little Ray

I have a feeling the US Supreme Court will uphold it. The Second Amendment’s future has never looked brighter.


25 posted on 02/13/2014 12:07:08 PM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: KneelBeforeZod
"The right to self-defense doesn't end at your threshold," Michel said.

This argument has been seen numerous times here at Free Republic. Why does someone have the right to self defense at home, but then loses that right away from the home?

The best thing that could happen now would be for this to be appealed to the USSC and then have the appeal be DENIED for review.

26 posted on 02/13/2014 12:07:40 PM PST by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
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To: CivilWarBrewing
"Perhaps SF’s ruling might not be appealed?"

Oh man, that would be OUTSTANDING!!!!!!!

Especially if some group appealed it and the Court said "You don't have standing to enter the case."

27 posted on 02/13/2014 12:10:10 PM PST by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
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To: KneelBeforeZod

This from the Ninth Circuit? It can’t possibly be true.


28 posted on 02/13/2014 12:13:13 PM PST by DPMD
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To: goldstategop

The case couldn’t be clearer could it? But I’m wondering if maybe the judges understood that the issuance of a concealed weapons permit in some counties was dependent upon cronyism and celebrity status.


29 posted on 02/13/2014 12:15:41 PM PST by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
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To: KneelBeforeZod
...San Diego County violates the Constitution's Second Amendment by requiring residents to show "good cause" - and not merely the desire to protect themselves - to obtain a concealed-weapons permit.

It's the same deal in Jersey- called having to show a "need" to carry. I think I'll forward this to Christie's office and await a reply with bated breath...

30 posted on 02/13/2014 12:16:53 PM PST by JimRed (Excise the cancer before it kills us; feed & water the Tree of Liberty! TERM LIMITS NOW & FOREVER!)
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To: Brooklyn Attitude

I was issued a .45 in the Army that was unbelievably bad.
It would miss at 10 meters - man size targets. I switched pistols with someone else and I started hitting handily and he started missing wildly. That was still not enough for our armorer to look at the weapon. When I PCS’d he had still not looked at it.


31 posted on 02/13/2014 12:17:46 PM PST by 17th Miss Regt
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To: goldstategop

If this was an appeals court ruling, I’d be surprised if the losing parties tried to take it to SCOTUS. Too much of a risk of triggering a far-reaching and nationally-applicable ruling that vastly “expands” the concept of the 2nd Amendment as Liberals claim to understand this.

Better for them to walk away from this decision, hoping the next few years bring the replacement of a Conservative SCOTUS justice with a Liberal one (flipping the 5-4 balance on the court the other way) allowing a winnable anti gun case to be run up through one of the other Circuits.


32 posted on 02/13/2014 12:25:04 PM PST by tanknetter
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To: Navy Patriot; KneelBeforeZod

I don’t remember the actual rulings, but the 9th Circuit Court has now made three Conservative friendly rulings in about as many years. Strange that...


33 posted on 02/13/2014 12:28:32 PM PST by DoughtyOne (Amnesty is job NONE! It isn't even the leading issue with Hipanics.)
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To: KneelBeforeZod

YES!


34 posted on 02/13/2014 12:31:18 PM PST by Axenolith (Government blows, and that which governs least, blows least...)
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To: JimRed
It's the same deal in Jersey- called having to show a "need" to carry. I think I'll forward this to Christie's office and await a reply with bated breath...

It is exactly the same in Jersey. My father was an oral surgeon with lots of narcotic in his office throughout his career. In the late 1960s (after NJ changed its gun laws for the worse in 1967) he went to the local PD and inquired about a carry permit - because he got a lot of late night calls from people he didn't know, claiming that they had horrible pain (some did, others were looking for drugs). The chief told him that he'd never get it because he was politically connected enough (at least the guy was honest), but that he could call the cops anytime and have an escort. He immediately began telling people to meet him at the Emergency Room...and now you know part of the reason why medical costs shot through the roof.

I hope that this goes to the USSC, and that they rule correctly on this - just because I'd like to see liberals' heads exploding across the country.

35 posted on 02/13/2014 12:34:22 PM PST by Ancesthntr ("The right to buy weapons is the right to be free." A. E. van Vogt)
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To: goldstategop
It will have to decide if “may issue” CCW is constitutional.

Under D.C. vs Heller, that's an easy call to make. Since this court has already recognized that the Second Amendment protects an individual right to keep and bear arms, it would be difficult indeed to reconcile that individual right with a state's discretion in issuing a carry license.

36 posted on 02/13/2014 12:35:02 PM PST by Oberon (John 12:5-6)
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To: Ancesthntr; JimRed

Uh, WASN’T politically connected enough.


37 posted on 02/13/2014 12:35:16 PM PST by Ancesthntr ("The right to buy weapons is the right to be free." A. E. van Vogt)
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To: KneelBeforeZod

How they have gotten away to limiting our Constitutional rights is beyond outrage.

How dare government dictate what level of safety is to be afforded to the law abiding in CA, while they defile the U.S. Constitution.

Disgusting does not begin to describe this.


38 posted on 02/13/2014 12:35:27 PM PST by dragnet2 (Diversion and evasion are tools of deceit)
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To: DoughtyOne
Strange that...

I agree, I cannot explain it other than they know the fix is in at SCOTUS.

39 posted on 02/13/2014 12:36:22 PM PST by Navy Patriot (Join the Democrats, it's not Fascism when WE do it, and the Constitution and law mean what WE say.)
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To: Navy Patriot

That could be it. On the other hand, can you remember any time in your life when you saw the Left take a pass on anything, with the idea it would be struck down at a higher level? I can’t.

They don’t play like the Republicans do.


40 posted on 02/13/2014 12:42:43 PM PST by DoughtyOne (Amnesty is job NONE! It isn't even the leading issue with Hipanics.)
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To: DoughtyOne
...can you remember any time in your life when you saw the Left take a pass on anything...

I agree, I cannot, usually they delay repeatedly, and force conservatives to appeal negative decisions every step of the way, to use up their legal funds before they get to SCOTUS.

41 posted on 02/13/2014 12:53:57 PM PST by Navy Patriot (Join the Democrats, it's not Fascism when WE do it, and the Constitution and law mean what WE say.)
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To: Abathar
"It was a 2-1 decision, on appeal it will go in front of all of them if I’m not mistaken."

Interestingly, the one judge's dissent would support the argument that the state can regulate concealed carry, but not open carry. And he may be right about that.

In light of Heller I don't think they are going to be able get this back in the bottle. The right to "bear" arms means to carry them outside the home.

42 posted on 02/13/2014 12:59:58 PM PST by mlo
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To: mlo
...Interestingly, the one judge's dissent would support the argument that the state can regulate concealed carry, but not open carry. And he may be right about that.

And that is very interesting, because in (The People's Democratic Republic of) California, it is illegal and a felony to open carry a firearm, even unloaded.

43 posted on 02/13/2014 1:06:15 PM PST by Navy Patriot (Join the Democrats, it's not Fascism when WE do it, and the Constitution and law mean what WE say.)
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To: Ancesthntr
I hope that this goes to the USSC, and that they rule correctly on this - just because I'd like to see liberals' heads exploding across the country.

Not only the exploding heads, but a lot of constitutionalist Patriots will again be law-abiding citizens.

"If a law is unjust, a man is not only right to disobey it, he is obligated to do so." - Thomas Jefferson

44 posted on 02/13/2014 1:08:23 PM PST by JimRed (Excise the cancer before it kills us; feed & water the Tree of Liberty! TERM LIMITS NOW & FOREVER!)
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To: goldstategop
In other words, the federal, state and local governments will have to show a compelling state interest in restricting people’s right to bear arms and to defend themselves. The ant-gun side on the losing end of the battle! Take that Michael Bloomberg!

Agree and should have happened years ago based on the fact statistics regarding permit holders clearly show very few abuses. Of course there are already laws intact for those who chose to be irresponsible or act in a violent criminal manner. The rights of the people should clearly abide here.

45 posted on 02/13/2014 1:09:25 PM PST by dragnet2 (Diversion and evasion are tools of deceit)
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To: Zathras

More like they will have cows.


46 posted on 02/13/2014 1:09:25 PM PST by WashingtonSource
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To: Blood of Tyrants
It is far past time that the 2A was recognized as being just as necessary and important as the 1st.

Without the Second none of the others are enforceable against the regime.

47 posted on 02/13/2014 1:10:00 PM PST by JimRed (Excise the cancer before it kills us; feed & water the Tree of Liberty! TERM LIMITS NOW & FOREVER!)
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To: Dead Corpse
Even if en banc review reverses the 2-1 decision . . .

I will be more surprised if the 9th Circuit fails to review this en banc than I am with this 2-1 decision.

48 posted on 02/13/2014 1:19:33 PM PST by Scoutmaster (I'd rather be at Philmont)
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To: Osage Orange

It wasn’t en banc. So pretty meaningless vs the the Government.


49 posted on 02/13/2014 1:22:29 PM PST by Usagi_yo (Standardization is an Evolutionary dead end.)
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To: KneelBeforeZod

Since when do progressives care about the rule of law? The ruling will be ignored like it was the several times obamacare was struck down.


50 posted on 02/13/2014 3:49:59 PM PST by Organic Panic
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