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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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61 posted on 02/13/2014 8:46:19 PM PST by neverdem (Register pressure cookers! /s)
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To: neverdem

Thanks for the ping!


62 posted on 02/13/2014 8:49:14 PM PST by Alamo-Girl
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To: neverdem

Satan has entered the ice skating competition in Sochi.


63 posted on 02/13/2014 8:52:37 PM PST by Pajamajan (Pray for our nation. Thank the Lord for everything you have. Don't wait. Do it today.)
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To: neverdem; harpseal; TexasCowboy; nunya bidness; blackie; AAABEST; Travis McGee; Squantos; ...
This sort of judicial schizophrenia is not uncommon when the true meaning of the law collides with the desires of activist judges.

Click the Gadsden flag for pro-gun resources!

64 posted on 02/14/2014 4:25:08 AM PST by Joe Brower (The "American People" are no longer capable of self-governance.)
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To: Joe Brower

CA has mopped themselves into a box. Up until 2012, they allowed unloaded open carry, but their shall-issue scheme for ccw is issued by local jurisdictions at the descretion of sheriff’s and police chiefs. In much of CA, it is hard to impossible to get a ccw. So, in 2012 after banning most unloaded open carry and very restrictive ccw, they left much of the state in a position where NO bearing of arms is possible.


65 posted on 02/14/2014 5:04:03 AM PST by umgud (2A can't survive dem majorities)
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To: umgud
"they left much of the state in a position where NO bearing of arms is possible."

Which is exactly what they want. And they are not about to let a little thing like an unfavorable judicial decision interfere with their agenda. Look at what the Communists running Washington DC, Chicago, et al have done with the Heller and McDonald decisions.

66 posted on 02/14/2014 6:53:03 AM PST by Joe Brower (The "American People" are no longer capable of self-governance.)
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To: Joe Brower
Look at what the Communists running Washington DC, Chicago, et al have done with the Heller and McDonald decisions.

Pre-Heller DC, it was impossible to get a handgun. Post-Heller, it is now only nearly impossible.

67 posted on 02/14/2014 7:32:58 AM PST by umgud (2A can't survive dem majorities)
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To: drypowder; matt04

Thanks for identifying Maryland as the fascist state re innocent people with valid C&C permits.


68 posted on 02/14/2014 8:44:21 AM 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: RKBA Democrat
The People’s Republic of Maryland...

Figures. Just remember to stay safe, ya gotta stay SOUTH of the Mason-Dixon Line!

69 posted on 02/14/2014 8:54:58 AM PST by ExSoldier (Stand up and be counted... OR LINE UP AND BE NUMBERED...)
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To: RKBA Democrat

I have friends in MA. While it is “may issue” by law, outside the major cities it is “shall issue” by practice. However, it is up to the local Issuing Authority, I.e. Chief of Police, etc. to decide if you get a permit that let’s you carry and home and range only, or anywhere allowed by law. Some towns will on,y issue the limited permit.


70 posted on 02/14/2014 9:16:44 AM PST by matt04
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To: DannyTN

The 9th Circuit got another one right on the Second Amendment.

They ruled that the Second Amendment is an individual right, not a collective right some time ago. Went right back to Anglo-Saxon Law. A free man is an armed man. An unarmed man is a subject.


71 posted on 02/14/2014 9:37:18 AM PST by ZULU (Magua is sitting in the Oval Office. Ted Cruz/Phil Robertson in 2016.)
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To: Grampa Dave

A permit is issued by the county or city you live or own a business in, but it’s good for whole state. Up until now it’s been up to the local government to issue or not as the choose.


72 posted on 02/14/2014 9:49:54 AM PST by Hugin
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To: Jewbacca

I’m sitting here, stunned...

9th Circus...

Will wonders never cease.

Good on ‘em though, for getting it right.


73 posted on 02/14/2014 1:45:53 PM PST by NFHale (The Second Amendment - By Any Means Necessary.)
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To: matt04

That ‘s way too much discretion. While I personally believe that unrestricted carry without a tax is the only Proper Standard, I think permits (freely issued) are tolerable. For now. MA needs to get with the program.


74 posted on 02/14/2014 2:31:07 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: Hugin

Thanks for the clarification.


75 posted on 02/15/2014 7:39:33 AM 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: Joe Brower
While on the face of it the ruling appears to be a victory, and certainly it is.

It is also true that three people have "decided" what is the true meaning of a right we already have by virtue of sucking air.

This sets a precedent, that three people can make that decision.

Depending on three people to protect basic rights enumerated in the Constitution is a dangerous game.

76 posted on 02/16/2014 7:51:05 AM PST by going hot (Happiness is a momma deuce)
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To: ZULU
> .. Went right back to Anglo-Saxon Law ..

Don't put it that way, the lefties will then say the 2nd Amendment "be ray-ciss"

77 posted on 02/16/2014 5:53:39 PM PST by SecondAmendment (Restoring our Republic at 9.8357x10^8 FPS)
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To: neverdem
Here in lies the problem with "Good Cause". It by definition fails because it pins down the fact that goodness and causes are not decisions to be in government hands. Those are individual and common community decisions based in morality.

If you are without morals, your causes are by default NOT GOOD. The good cause argument for gun posession accidently spills into everything else. Limiting progressive amoral goals because their good is politicaly motivated will be the result of these "Good Cause" arguments.

And we all know progressives and liberals reboot their record every morning based on issued talking points. Up is down, green is red, understanding is confusion, enemies are allies, allies are enemies, and Oracle billionares build private golf courses to play with your trangender buddies out of the public's eye but deep in their wallet.

78 posted on 02/17/2014 9:27:56 AM PST by blackdog (There is no such thing as healing, only a balance between destructive and constructive forces.)
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To: neverdem

Neverdem: Pls pass this to any NJ Gunnies you might know:

To all New Jersey Gunnies....

If you haven’t seen it yet, here’s what the NJ Senate President thinks of your current struggle to gain your Right to Carry:

http://njgunforums.com/forum/index.php/topic/66323-sweeney-says-he-will-never-support-ccw-in-nj/


79 posted on 02/17/2014 10:47:35 AM PST by NFHale (The Second Amendment - By Any Means Necessary.)
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To: TurboZamboni

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

Yup. New Jersey is one of them.


80 posted on 02/17/2014 3:09:50 PM PST by NFHale (The Second Amendment - By Any Means Necessary.)
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