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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: 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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To: Grampa Dave

I think MD, or possibly NJ.


51 posted on 02/13/2014 5:42:46 PM PST by matt04
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To: matt04

LOL yeah its fun watching libs foam at the mouth about guns, they go on and on about how guns are bad yet they are PROTECTED BY GUNS, in their studios, at their homes, they have armed guards protecting them. Let’s see Piers tell his hired goons to stand down, put their weapons down and carry bananas instead, see how that works out


52 posted on 02/13/2014 5:58:00 PM PST by Sarah Barracuda
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To: RKBA Democrat

New Jersey actually has a much tougher standard than ‘good cause’. You have to demonstrate “justifiable need “ to carry. My friend who manages a section 8 apartment complex in Camden has been denied a permit even though there have been several murders there in just a few years. The New Jersey Supreme Court has given “ justifiable need “ a very strict interpretation. It would be awesome if this kind of case could win at the SCOTUS, giving us here in the peoples republic of jersey a chance.


53 posted on 02/13/2014 6:06:44 PM PST by JewishRighter
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To: Grampa Dave

“What state did this?”

The People’s Republic of Maryland. When they pulled over the car they likely ran the plate and it came up as the driver having a CHP. Many states do that; if you have a CHP it’s cross referenced to your license plate.


54 posted on 02/13/2014 6:15:31 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: matt04

NJ is bad, but HI gets the laurels for the most godawful. Less than 200 permits issued per the stats I saw.


55 posted on 02/13/2014 6:25:36 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: JewishRighter

New Jersey is a basket case when it comes to gun laws.


56 posted on 02/13/2014 6:27:13 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: RKBA Democrat

The usual suspects.

TX suprises me- how much?


57 posted on 02/13/2014 6:37:17 PM PST by TurboZamboni (Marx smelled bad and lived with his parents .)
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To: PapaBear3625

Good grief! They make you declare the exact weapons you carry?

There isnt’ enough room on the form for me because I rotate between 6 handguns.


58 posted on 02/13/2014 6:56:41 PM PST by 2111USMC (Aim Small Miss Small)
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To: neverdem
When I was very young, I obtained a CCW in a state I lived in about 35 years ago, among other places.
I'm a generally law abiding citizen.

Nowadays, I am entirely against the entire concept of any requirement by any level of government permitting process for CCWs...unless having one allows the bearer to conceal carry weapon(s) into supposedly secured and “safe areas” such as courtrooms, bars, banks, Post Offices... etc.

Just assume everyone you encounter in public is armed with one or more lethal self defense weapons.
The criminals and lunatics are.

59 posted on 02/13/2014 7:09:01 PM PST by sarasmom (Extortion 17. A large number of Navy SEALs died on that mission. Ask why.)
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To: TurboZamboni

IIRC $150. About the same as the new IL permit. Plus the cost of a class.


60 posted on 02/13/2014 7:13:13 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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