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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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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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