California - People do not have a right to carry concealed weapons in public

Mook

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Court: No right to carry concealed weapons in public | WFLD

SAN FRANCISCO (AP) -- In a victory for gun control advocates, a federal appeals court said Thursday people do not have a right to carry concealed weapons in public under the 2nd Amendment.

An 11-judge panel of the 9th U.S. Circuit Court of Appeals said law enforcement officials can require applicants for a concealed weapons permit to show they are in immediate danger or have another good reason for a permit beyond self-defense.

The decision overturned a 2014 ruling by a smaller 9th Circuit panel and came in a lawsuit over the denial of concealed weapons permits by a sheriff in San Diego County.

California generally prohibits people from carrying handguns in public without such a permit. State law requires applicants to show good moral character, have good cause and take a training course.

In San Diego County, the sheriff required applicants to show supporting documents such as restraining orders against possible attackers to show good cause for a permit. The requirement prompted a lawsuit by residents who were denied a permit.

During oral arguments before the 11-judge 9th Circuit panel, Paul Clement, an attorney for the residents, argued that the self-defense standard should be sufficient and asking for more violates the 2nd Amendment right to bear arms.

California Solicitor General Edward DuMont countered that there was a long and rich tradition of restricting concealed weapons in cities and towns. California officials sought to intervene in the case after the San Diego sheriff declined to appeal.
 

Mook

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Did I interpret this wrong or something? Or you just saying dude as in "dude, what the fuck"?
 

Mook

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Oh, ya I dont go in there.
 

Chester Copperpot

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2A: Limits government restrictions on firearms for the people
Kommiefornia: Increases government restrictions on firearms for the people

These people call themselves "progressives". Let that sink in.
Ive given up trying to understand liberals and their mentality.

Id sooner develop a cure for cancer before making sense out of California and its laws.
right and 'federal' appeals court is overturning this? da fuq bruh
The 9th US Court of Appeals is *surprisesurprise* located in San Francisco.
How soon before IL follows them though.
Seeing as the CCW bill was spawned because of Moore v Madigan and the 7th Court of Appeals denied Madigan's appeal, I'd say we're good.
I think it's time to nuke California, Illinois and New York and just be done with them all
MA, NJ and MD first. IL is actually a good bit down the list now.
It's amazing how anti-gun the northeast coast is despite being the 13 original colonies and eventual birthplace of our nation.
There are some of the original 13 that are hard core pro 2A. Usually the ones playing scapegoat from states like NY.

Then again states like NJ have legislators so stupid they banned hollow points for safety. Give me a break.
In case this thread takes off. :io:
 

Flyn

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As mentioned, it's California, land of the gun haters. Looks like the 7-4 vote was mainly along party lines.

IMO, these judges are skirting the issue of 2nd Amendment rights saying that they are only strengthening restrictions for one aspect of the right to bear arms. If/when this gets to the Supreme Court, they will not be able to ignore the fact that this ruling in addition to other laws prohibits 2nd Amendment rights.

There will be a lot of lawsuits from people who say they were harmed by not being able to carry a weapon. The ACLU will dump a bunch of lawyers into these suits. Once you get a few million dollar judgments in case law verdicts, the law may change... again.

Under the California law, personal safety alone doesn't qualify as good cause, which is defined by county sheriffs. The plaintiffs, gun owners seeking licenses to carry their weapons concealed, said the policies in San Diego and Yolo counties where they live violated their Second Amendment rights.

“We hold that the Second Amendment does not preserve or protect a right of a member of the general public to carry concealed firearms in public,” wrote Judge William A. Fletcher, an appointee of President Bill Clinton, for the seven-judge majority.

Lawmakers are free to enact “any prohibition or restriction a state may choose” on the carrying of concealed guns, Judge Fletcher said.

A Second Amendment right to carry a firearm openly in public may exist, but the Supreme Court hasn't answered that question, Judge Fletcher wrote.

In dissent, Judge Consuelo M. Callahan, appointed to the bench by President George W. Bush, said the Second Amendment demands individuals be permitted to carry a weapon in self-defense under the Second Amendment, either openly or concealed.

With some exceptions, California law bans people from carrying guns openly, she wrote. She was joined in her dissent by three colleagues.

Taken together, the concealed-carry policies and the open-carry ban “obliterate the Second Amendment’s right to bear a firearm in some manner in public for self-defense,” she wrote.

The Ninth Circuit encompasses Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington. The ruling aligns the court with three other regional appeals courts that have upheld good-cause requirements: the Second, Third and Fourth circuits. The Chicago-based Seventh Circuit ruled in 2012 that the right to bear arms “implies a right to carry a loaded gun outside the home.”

Many gun-law experts, Second Amendment scholars and others expect the law on concealed-carry outside the home ultimately will be settled by the U.S. Supreme Court. The court has so far turned away several opportunities to take up the issue.
Appeals Court Upholds
 

Yaj Yak

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wileycoyotecuttingoffcalifornia.gif
 

DEEZUZ

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well thats unfortunate... but like illinois, i dont feel bad for the people living there, cause their..... LIVING there...

#toofuckingbad
 

Mr_Roboto

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The way they pushed the case up was flawed in my opinion. The reason I say that is they divided and the court conquered. Open carry is illegal in California as well, so they needed to present both cases at the same time and force them into sanctioning at least one of them.
 

nytebyte

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well thats unfortunate... but like illinois, i dont feel bad for the people living there, cause their..... LIVING there...

#toofuckingbad
Only thing is, this kind of crap tends to spread from California like a plague.
 

Eagle

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"Dear mother nature, please do the needful and knock CA into the ocean. Thank you, concerned US citizens."
 

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