California Political News

by Stephen Frank on 02/13/2014

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Miracles do happen.  The most radical Leftist Federal Court in American, the 9th Circuit Court of Appeals, has decided a case based on the Constitution.  They ruled that the Constitution allows honest private citizens to carry guns without interference from government.  No one would predict a decision based on the U.S. Constitution from these Fidel loving lawyers.

Of course this will go to the Supreme Court.  Still it is a start.  Imagine, being allowed to protect yourself from criminals!

“The 2-1 decision says San Diego County’s system of issuing permits to carry concealed weapons infringes on the Second Amendment to the U.S. Constitution.

If not reversed by the U.S. Supreme Court, the decision means law-abiding citizens will be able to carry concealed firearms in public.

“San Diego County’s ‘good cause’ permitting requirement impermissibly infringes on the Second Amendment right to bear arms in lawful self-defense,” says the majority opinion, written by Judge Diarmuid O`Scannlain.”

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California’s concealed weapons laws shot down

Central Valley Business Times,  2/13/14

•  Federal appellate court rules in San Diego case

•  “Impermissibly infringes on the Second Amendment right to bear arms in lawful self-defense”
California’s laws against carrying a concealed weapon may have been shot down by a divided opinion of the U.S. 9th Circuit Court of Appeals.

The 2-1 decision says San Diego County’s system of issuing permits to carry concealed weapons infringes on the Second Amendment to the U.S. Constitution.

If not reversed by the U.S. Supreme Court, the decision means law-abiding citizens will be able to carry concealed firearms in public.

Read More Here

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9th Circuit: The Second Amendment Protects the Right to Carry a Gun

A big decision from the 9th Circuit today. Per Eugene Volokh:

The court concludes that California’s broad limits on both open and concealed carry of loaded guns — with no “shall-issue” licensing regime that assures law-abiding adults of a right to get licenses, but only a “good cause” regime under which no license need be given — “impermissibly infringe[] on the Second Amendment right to bear arms in lawful self-defense.”

In other words, one has the right to carry a gun. The state can elect to recognize this by permitting either “shall-issue” concealed-carry or “shall-issue” open carry, but it cannot restrict or prohibit both.

Read More Here

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Court Tosses California’s Concealed-Weapons Rules

A divided federal appeals court on Thursday struck down California concealed-weapons rules, saying they violate the Second Amendment right to bear arms.

The 2-1 ruling of a three-judge panel of the 9th U.S. Circuit Court of Appeals said California counties were wrong to require law-abiding applicants to show “good cause” beyond self-defense to receive a concealed-weapons permit.

California prohibits people from carrying handguns in public without a concealed-weapons permit. State law requires applicants to show good moral character, have good cause and take a training course. It’s generally up to the state’s sheriffs and police chiefs to issue the permits, and the vast majority require an applicant to demonstrate a real danger or other reasons beyond simple self-defense to receive a permit. The 9th Circuit on Thursday said that requirement violates the 2nd Amendment.

The San Francisco-based appeals court said those requirements were too strict and ran afoul of a 5-4 landmark U.S. Supreme Court ruling in 2008 that struck down a Washington, D.C., handgun ban and said law-abiding citizens are allowed to have handguns in their home for self-defense.

“The right to bear arms includes the right to carry an operable firearm outside the home for the lawful purpose of self-defense,” Judge Diarmuid O’Scannlain wrote for the majority.

Chuck Michel, an attorney who represented several San Diego County residents who were denied a permit and who filed a lawsuit in 2009, praised the 9th Circuit Court’s ruling.

“This decision is a very dramatic confirmation of the Supreme Court ruling,” Michel said.

Read More Here

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