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Federal Court Says ‘Good Cause’ Requirement for Conceal-Carry Permits Violates the Second Amendment
Reason ^ | Feb. 13, 2014 | Damon Root

Posted on 02/13/2014 12:43:07 PM PST by neverdem

The U.S. Court of Appeals for the 9th Circuit handed gun rights advocates a major victory today by invalidating San Diego, California’s requirement that conceal-carry permits only be issued to those gun owners who have a “good cause” to carry a concealed gun in public. According to local officials, “one’s personal safety is not considered good cause.” In his opinion for a divided three-judge panel of the 9th Circuit, Judge Diarmuid F. O'Scannlain rejected the local government’s approach as an unconstitutional infringement on the Second Amendment.

“In California,” the ruling observes, “the only way that the typical responsible, law-abiding citizen can carry a weapon in public for the lawful purpose of self-defense is with a concealed-carry permit. And, in San Diego County, that option has been taken off the table.”

As Brian Doherty noted on Tuesday, the U.S. Supreme Court is currently considering whether it will take up two other cases that also center on the Second Amendment’s reach outside of the home. This new ruling from the 9th Circuit makes it all the more likely that the question of gun rights in public will soon be addressed by the Supreme Court.

Today's ruling by the 9th Circuit in Peruta v. County of San Diego is available here.


TOPICS: Constitution/Conservatism; Crime/Corruption; Front Page News; Politics/Elections; US: California
KEYWORDS: 9thcircuit; banglist
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1 posted on 02/13/2014 12:43:07 PM PST by neverdem
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To: neverdem

Wow. 9th circuit. Unexpected.


2 posted on 02/13/2014 12:44:47 PM PST by Jewbacca (The residents of Iroquois territory may not determine whether Jews may live in Jerusalem)
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To: neverdem

9th circuit actually got one right?

Well, that explains the weather. Hell’s froze over.


3 posted on 02/13/2014 12:45:27 PM PST by DannyTN
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To: neverdem

9th circuit actually got one right?

Well, that explains the weather. Hell’s froze over.


4 posted on 02/13/2014 12:45:27 PM PST by DannyTN
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To: neverdem

an amazingly intelligent result from a really awful court...

but... still...
all this should be avoided....

“,...the right of the people to keep and bear arms SHALL NOT BE INFRINGED!!!!” (emphasis mine)

why are we even having to respond to attempted licensing, background checking, restricting.... all sorts of krapo that is patently UNCONSTITUTIONAL entoto!?


5 posted on 02/13/2014 12:45:53 PM PST by faithhopecharity
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To: neverdem

The 9th circus decided that? Wow.


6 posted on 02/13/2014 12:47:04 PM PST by RKBA Democrat (Having some small say in who gets to hold the whip doesn't make you any less a slave.)
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To: Jewbacca

It WAS a divided opinion....


7 posted on 02/13/2014 12:49:20 PM PST by cincinnati65
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To: neverdem

Incredible.

The most liberal federal circuit in the country.


8 posted on 02/13/2014 12:49:50 PM PST by Steely Tom (How do you feel about robbing Peter's robot?)
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To: Steely Tom

I think they too are becoming alarmed at the dictatorial actions of the nutcase in the WH. Let’s hope so!


9 posted on 02/13/2014 12:52:45 PM PST by B4Ranch (Name your illness, do a Google & YouTube search with "hydrogen peroxide". Do it and be surprised.)
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To: faithhopecharity

Agreed. We musn’t forget that they don’t have the right to infringe as much as they already do.


10 posted on 02/13/2014 12:53:14 PM PST by mrsmel (One Who Can See)
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To: neverdem

So the state and local governments have to tolerate open carry or freely grant concealed carry permits. I predict cognitive dissonance, brain freeze and payment of lots of 42 USC 1983 attorney fees.


11 posted on 02/13/2014 12:53:54 PM PST by Thud (Tthis is federal criminal extortion under 18 USC 1951, and Racketeering under 18 USC 1961. All of Co)
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To: Ernest_at_the_Beach; Steve Van Doorn; Syncro; ProtectOurFreedom; vrwc1; Citizen James; abigail2; ...
BANG! Get Alan Gura from the Heller McDonald decisions. Go after excessive fees too!
12 posted on 02/13/2014 12:53:57 PM PST by neverdem (Register pressure cookers! /s)
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To: neverdem

I am shocked that California did something right for a change, meanwhile, on twitter, Piers Morgan(Who has armed guards protecting his Beverly Hills Mansion) is freaking out LOL..love it when Commie loons have a meltdown


13 posted on 02/13/2014 12:55:28 PM PST by Sarah Barracuda
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To: mrsmel

yes ...they don’t have any right to infringe at ALL


14 posted on 02/13/2014 12:55:46 PM PST by faithhopecharity
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To: Steely Tom
The most liberal federal circuit in the country.

Overall, yes. But federal appeals courts sit in randomly-drawn 3-judge panels, and the panel here included two conservative judges. (There are some on the 9th Circuit; they're just outnumbered.) There will probably be a motion for rehearing en banc, and I'll bet it gets granted. (In most circuit courts, that means rehearing by all of the judges on the Circuit, but the 9th Circuit is so big that an en banc rehearing is before 11 randomly-selected judges.)

15 posted on 02/13/2014 12:57:45 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Jewbacca
Hang tight. The 9th Circuit is known for having more decisions overturned by SCOTUS than any other court. It's not known as the “9th Circus” for nothing. And, as most of us know, any decision by SCOTUS concerning the 2nd amendment is just one dissenting opinion away from nullifying it. Just one vote. Given the bizarre opinion rendered by CJ Roberts for Obamacare, care to guess how that would go?
16 posted on 02/13/2014 1:00:52 PM PST by PowderMonkey (WILL WORK FOR AMMO)
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To: neverdem

“The U.S. Court of Appeals for the 9th Circuit handed gun rights advocates a major victory today by invalidating San Diego, California’s requirement that conceal-carry permits only be issued to those gun owners who have a “good cause” to carry a concealed gun in public. According to local officials, “one’s personal safety is not considered good cause.”

We have the same bs up in Northern California. Due to the increases and constant threat of criminal attacks in many of my fly fishing areas, I don’t go to those places any more.

Then come two more problems:

1. C&C permits are only granted for the county you live in. I seldom fish, hike or kayak in remote parts of my county. So if I ever got a permit, it would only be valid in my county not in the many other areas I would like fly fish, hike or kayak in.

2. Here in my county, even without a traffic violation, I can’t get a C&C permit for my personal safety, my wife’s or any grand kid with me.

It has been suggested that I get a waterproof pistol and carry it in plain sight when, I fly fish, hike, kayak or even drive in some areas.


17 posted on 02/13/2014 1:04:13 PM PST by Grampa Dave ( Obozo Care is a Trinity of Lies! Obozo Care is probably a serious Black Swan event.)
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To: DannyTN

I’m sure they were “mistaken,” from their viewpoint.


18 posted on 02/13/2014 1:14:39 PM PST by fwdude ( You cannot compromise with that which you must defeat.)
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To: neverdem

Do criminals need a good cause statement to conceal carry?


19 posted on 02/13/2014 1:15:58 PM PST by umgud (2A can't survive dem majorities)
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To: cincinnati65
Was it the full court or a panel? Those panels are a crap shoot - there are actually a couple of conservative justices on the bench, and the luck of the draw could have appointed them here.
20 posted on 02/13/2014 1:16:03 PM PST by fwdude ( You cannot compromise with that which you must defeat.)
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To: neverdem
Nice to see one of our local docs was one of the successful plaintiffs.
21 posted on 02/13/2014 1:27:51 PM PST by Cyman (We have to pass it to see what's in it= definition of stool sample)
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To: PowderMonkey

Yes, but it is the liberal opinions that are over-turned, not the conservative.

And this Supreme Court has been surprisingly OK on 2nd Amendment.


22 posted on 02/13/2014 1:31:31 PM PST by Jewbacca (The residents of Iroquois territory may not determine whether Jews may live in Jerusalem)
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To: fwdude

3 judge panel. An en banc panel might be next.


23 posted on 02/13/2014 1:32:04 PM PST by Jewbacca (The residents of Iroquois territory may not determine whether Jews may live in Jerusalem)
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To: neverdem

There are still draconian “may issue” states out there?


24 posted on 02/13/2014 1:33:11 PM PST by TurboZamboni (Marx smelled bad and lived with his parents .)
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To: neverdem

I wonder how many years this case has been moving through the judicial system?


25 posted on 02/13/2014 1:36:38 PM PST by TheDon (Californians are losing their right to keep and bear firearms one firearm at a time.)
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To: neverdem

I’m about half way through the ruling. This opens up a very interesting avenue to achieve a sort of backdoor Constitutional carry; if the state must allow either concealed carry OR open carry and it elects a preference for concealed carry, as CA has, then it could be argued that gun permits must be issued free of charge to the indigent.


26 posted on 02/13/2014 1:37:50 PM PST by RKBA Democrat (Having some small say in who gets to hold the whip doesn't make you any less a slave.)
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To: TurboZamboni

“There are still draconian “may issue” states out there?”

Yes. Several. NY, HI, CA, NY, MD, NJ, MA to name some of the guilty states. I’d add TX because of the very high cost of their permit.


27 posted on 02/13/2014 1:39:45 PM PST by RKBA Democrat (Having some small say in who gets to hold the whip doesn't make you any less a slave.)
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To: Grampa Dave
The 9th Circuit panel here held that bans on open carry and near-blanket refusals of concealed carry applications are unconstitutional, i.e., the government has to choose which of the two it really wants. That is a reasonable holding. IMO the near-blanket refusals of concealed carry permits will ultimately be determined by the US Supreme Court, but the 9th Circuit holding here will likely be upheld by an en banc review. Certainly the Supreme Court will uphold it.

But California state & local governments will fight everything to the end. We just now know how it will end on open carry. That's not something local governments can restrict - only the state government can.

28 posted on 02/13/2014 1:44:04 PM PST by Thud
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To: TurboZamboni

As was mentioned above this is a divided opinion by 3 judge panel. Judges ina favor of right to bear arms were: O’Scannlain - Reagan apppointee and Callahan - G.W.B appointee, dissenting judge was Thomas - Clinton appointee. That pretty much explains the ruling.


29 posted on 02/13/2014 1:44:37 PM PST by JackTom
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To: Grampa Dave
C&C permits are only granted for the county you live in.

You sure about that? I have a friend with a concealed carry permit (He lives north of Guernville) and he told me it's good for the entire state of California. I did a search on the Internet and found nothing on point.

30 posted on 02/13/2014 1:46:05 PM PST by choirboy
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To: choirboy

CA ccw permits are valid anywhere in the state, subject to some restrictions, court houses, state gov offices and so forth. CCW holders can even carry in a school. Check the California Rifle and Pistol Association web site.


31 posted on 02/13/2014 2:03:05 PM PST by onceone (0311, K Co., 3/5 1st Mar Div, RVN '68)
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To: neverdem
The way I understand this ruling, one still has to get a CCW permit but does not need to have a valid reason to possess a permit.

Oh cynical me; a few weeks ago a CCW holder from Florida drove his car up the east cost going through a state where a highway patrolman pulled him over for no apparent reason. The officer obviously checked the Florida CCW registry and saw the man held a permit to carry. This cop asked the man if he had any firearms in his car, which the man answered no. The cop then told him to exit the car and as another patrol unit arrived on scene, the cops starting searching the mans car looking for firearms. The man fortunately left his pistol at home, otherwise he would have been arrested by these cops and would have had his firearm confiscated.

I don't believe for a minute that I am alone when I say I am very distrusting of cops, judges and politicians so I proceed accordingly.

32 posted on 02/13/2014 2:19:10 PM PST by drypowder
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To: neverdem

9th Circus rules in favor of the individual right to bear arms? Pigs are flying, people. Look up.


33 posted on 02/13/2014 2:26:16 PM PST by backwoods-engineer (Blog: www.BackwoodsEngineer.com)
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To: DannyTN

>> 9th circuit actually got one right?

Not sure this is the first time.


34 posted on 02/13/2014 2:26:25 PM PST by Gene Eric (Don't be a statist!)
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To: neverdem

Even the Ninth Circuit knows that the Second Amendment deserves as much respect as the rest of the Bill of Rights. Definitely a pleasant surprise.


35 posted on 02/13/2014 2:27:07 PM PST by Repeal 16-17 (Let me know when the Shooting starts.)
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To: Grampa Dave
1. C&C permits are only granted for the county you live in. I seldom fish, hike or kayak in remote parts of my county. So if I ever got a permit, it would only be valid in my county not in the many other areas I would like fly fish, hike or kayak in.

According to usacarry.com, the permit allows you carry throughout the state. The picture of the CA license seems to bear this out:


36 posted on 02/13/2014 2:30:06 PM PST by PapaBear3625 (You don't notice it's a police state until the police come for you.)
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To: PapaBear3625

And just as the queers are saying that other states have to recognize sodomite marriage, it seems to me that there has to be reciprocity when it comes to carry “licenses”.


37 posted on 02/13/2014 2:33:19 PM PST by Sirius Lee (All that is required for evil to advance is for government to do "something")
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To: Grampa Dave
C&C permits are only granted for the county you live in

Good grief; that is one of the dumbest things I've ever heard.

38 posted on 02/13/2014 2:50:48 PM PST by backwoods-engineer (Blog: www.BackwoodsEngineer.com)
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To: neverdem

“Good Cause” req. always forgets that a person rarely knows, specifically, when they will need a gun and hence, have “good cause.”


39 posted on 02/13/2014 3:13:21 PM PST by Noamie
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To: Grampa Dave

I understood CCW issued in any county to be valid in all counties.

The only problem is defining counties who have settled on policy:

Shall issue

May issue

Siskyou is a shall issue and they have to look for a reason not to give you CCW, which is valid in all counties.

Santa Clara County is a “May Issue” and Laurie is a political gal. She just won’t issue them.


40 posted on 02/13/2014 3:25:53 PM PST by Vendome (Don't take life so seriously-you won't live through it anyway-Enjoy Yourself ala Louis Prima)
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To: onceone

Thanks for the info!


41 posted on 02/13/2014 3:33:44 PM PST by choirboy
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To: neverdem

Very good news. Now the idjits in Sacramento will think of something new to keep people from having guns.


42 posted on 02/13/2014 3:34:44 PM PST by reaganaut (Ex-Mormon, now Christian. I once was lost but now am found, was blind but now I see.)
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To: PapaBear3625; Vendome

Thanks for the clarification.

When my repaired foot gets its final okay, I may take up this issue again.


43 posted on 02/13/2014 3:47:44 PM PST by Grampa Dave ( Obozo Care is a Trinity of Lies! Obozo Care is probably a serious Black Swan event.)
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To: drypowder

“Oh cynical me; a few weeks ago a CCW holder from Florida drove his car up the east cost going through a state where a highway patrolman pulled him over for no apparent reason. The officer obviously checked the Florida CCW registry and saw the man held a permit to carry. This cop asked the man if he had any firearms in his car, which the man answered no. The cop then told him to exit the car and as another patrol unit arrived on scene, the cops starting searching the mans car looking for firearms. The man fortunately left his pistol at home, otherwise he would have been arrested by these cops and would have had his firearm confiscated.”

What state did this?

Thanks


44 posted on 02/13/2014 3:52:12 PM PST by Grampa Dave ( Obozo Care is a Trinity of Lies! Obozo Care is probably a serious Black Swan event.)
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To: faithhopecharity

Because of Presumption.

Look up my “One Stone, Two Powers.”


45 posted on 02/13/2014 4:14:56 PM PST by Talisker (One who commands, must obey.)
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To: Grampa Dave

What the hell does fly fishing, hiking or kayaking have to do with the right to carry a firearm?


46 posted on 02/13/2014 4:21:00 PM PST by Talisker (One who commands, must obey.)
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To: neverdem

This is from the 9th Circuit???

Knock me down with a feather.


47 posted on 02/13/2014 4:35:07 PM PST by Windflier (To anger a conservative, tell him a lie. To anger a liberal, tell him the truth.)
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To: Grampa Dave
http://www.easybakegunclub.com/news/4531/Florida-man-with-CC-permit-stopped-in-Maryland-for.html

This is different from the source I found it on but it is the same incident. The one I read had a bit more detail.

48 posted on 02/13/2014 5:30:32 PM PST by drypowder
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To: Sarah Barracuda
Just looks at his twitter feed. He is loosing it to the point where it almost makes me want to watch is show.
49 posted on 02/13/2014 5:35:50 PM PST by matt04
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To: TurboZamboni

IIRC, NJ or MD or possibly both are the worst offenders. May issue by law, but “no issue” by practice, unless you are a retired cop, know someone, etc.


50 posted on 02/13/2014 5:37:43 PM PST by matt04
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