Jump to content

The Ninth Circuit Court of Appeals


goodnigh
 Share

Recommended Posts

Calif. concealed weapon law tossed by fed appeals court.

 

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

 

By a 2-1 vote, the three-judge panel of the 9th U.S. Circuit Court of Appeals said California was wrong to require applicants to show good cause to receive a permit to carry a concealed weapon.

 

"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.

 

Judge Sidney Thomas dissented, writing that the good cause requirement limited the number of people carrying concealed handguns in public to those legitimately in need.

 

"It limits the risk to public safety by reducing the number of guns in public circulation, but allows those who will most likely need to defend themselves in public to carry a handgun," Thomas wrote.

 

Awarding concealed weapon permits is the responsibility of each of California's 58 counties. Officials are required to follow the state rules requiring applicants to show good cause and moral character.

 

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 appeals court on Thursday reinstated a lawsuit filed in 2009 by Edward Peruta, who challenged San Diego County's denial of a concealed weapons permit.

 

The ruling on Thursday also disagreed with three other federal appeals courts that have upheld permit rules similar to the one in California.

 

The U.S. Supreme Court often takes cases when federal appeals courts issue conflicting rulings.

Jim

 

M code 71 Mach 1, 351 4V Cleveland, Ram Air (not factory), C6 Trans, 3.5 rear

 

Link to comment
Share on other sites

Here you have to take a Concealed Carry course to get a permit. When purchasing a firearm you have to answer a questionnaire, a background check is conducted and there cannot be any convictions that violate the gun control act of 1968.

 

You do not need a Concealed Carry Permit if the firearm is in your glove box, console, trunk or you are carrying it to or from fishing or hunting.

Link to comment
Share on other sites

Here you have to take a Concealed Carry course to get a permit. When purchasing a firearm you have to answer a questionnaire, a background check is conducted and there cannot be any convictions that violate the gun control act of 1968.

 

You do not need a Concealed Carry Permit if the firearm is in your glove box, console, trunk or you are carrying it to or from fishing or hunting.

 

Here the State has to show good cause as to why an applicant can't receive a permit to carry a concealed weapon, in several States it's the other way around. No course to complete. You can purchase a handgun but you have to wait until the background check comes back clean before you can pick it up. If you have a concealed weapons permit no background check required by the seller since it means you've already had one, good for five years, you walk out the door right after you pay for it.

 

I was at a car show and the announcer said that a pistol had been found please come forward to claim it, it was amusing to see how many men starting patting their sides and women looking into their purses. Would have made a perfect youtube clip.

 

Jim

Jim

 

M code 71 Mach 1, 351 4V Cleveland, Ram Air (not factory), C6 Trans, 3.5 rear

 

Link to comment
Share on other sites

Here you have to take a Concealed Carry course to get a permit. When purchasing a firearm you have to answer a questionnaire, a background check is conducted and there cannot be any convictions that violate the gun control act of 1968.

 

You do not need a Concealed Carry Permit if the firearm is in your glove box, console, trunk or you are carrying it to or from fishing or hunting.

 

Here the State has to show good cause as to why an applicant can't receive a permit to carry a concealed weapon, in several States it's the other way around. No course to complete. You can purchase a handgun but you have to wait until the background check comes back clean before you can pick it up. If you have a concealed weapons permit no background check required by the seller since it means you've already had one, good for five years, you walk out the door right after you pay for it.

 

I was at a car show and the announcer said that a pistol had been found please come forward to claim it, it was amusing to see how many men starting patting their sides and women looking into their purses. Would have made a perfect youtube clip.

 

Jim

 

rofl Oh I forgot to mention this little pearl of a loophole.....if you purchase a firearm from an individual there is no documentation or records check required. Felonious gang bangers love the classifieds. :@

Link to comment
Share on other sites

I would not have expected this ruling from the 9th. Very happy.

 

Now we just need to get California to have better reciprocity so other states ccw holders can carry. Right now there are none.

'Mike'

73 Convertible - 351C/4V CC heads/4bolt/forged flat tops/comp 270/rhodes/mallory unilite/tri-power/hookers/glasspacks/c6/3.50 limited slip/Gear Vendors/Global West sub frames, strut rods and shelby style traction bars/ Rear sway bar/tilt steering (not original)

 

Pics of modifications included in: [button=http://www.7173mustangs.com/thread-1973-convertible--3335]My Garage[/button]

 

Link to comment
Share on other sites

Yeah, Cali and others are a "may issue" state. Wa is a "shall issue" state. But, Oregon doesn't recognize ours since we don't have to take a course or qualify at a range.

1973 Mach 1 Q code 351 4V, 9A paint, standard interior, 3.50 rear, C6 trans.

Link to comment
Share on other sites

close your eyes Dorothy click your heels together.....

 

67 Diamond Blue Vert

 

images?q=tbn:ANd9GcRveIaRU6OAzTfd2Mv6ypGH49BZcPU7MS_7PBKhiOmpmJJrHJ_B_Q

 

DUDE

 

LOL even my sig line offended somebody!

Link to comment
Share on other sites

close your eyes Dorothy click your heels together.....

 

I tend to agree. The 9th court is the most overturned in the country.

I can't believe the political climate in California is changing that fast.

Jerry Brown announced he would no longer send water to SoCal.

 

mike

spacer.png

Link to comment
Share on other sites

close your eyes Dorothy click your heels together.....

 

I tend to agree. The 9th court is the most overturned in the country.

I can't believe the political climate in California is changing that fast.

Jerry Brown announced he would no longer send water to SoCal.

 

mike

 

sit back and relax....it's coming!!!!! last chapter in a well known book (which apparently is not read by PROGRESSIVES) states that we'll see these things (not guns specific). As I tell my friends...lazy Christians have sit back and allowed the PROGRESSIVES run rough shod over them for 40 to 50 years...turning the other cheek each time. Each element has given progressives a mile for every inch allowed, the momentum is on their side and our "elected" officials sit by passively (tells me they are IN ON THE DEAL) allowing each step as it has developed into an all out run over this country.

 

67 Diamond Blue Vert

 

images?q=tbn:ANd9GcRveIaRU6OAzTfd2Mv6ypGH49BZcPU7MS_7PBKhiOmpmJJrHJ_B_Q

 

DUDE

 

LOL even my sig line offended somebody!

Link to comment
Share on other sites

Out of curiosity I checked, California has a population of 38,041,430 and only 35,000 conceal carry permits active. Washington State only has a population of 6,897,012 but has 359,342 conceal permits active. Take a wild guess in which State you're 3 times more likely to be killed with a gun in?

 

Even more telling Utah only has a population of 2,855,287 but has 412,000 conceal permits issued but has among the lowest crime rates and least likely hood of being killed by a gun in the United States.

 

Stats show the more "lawful" concealed weapons in an area the lower the crime. Guns in the wrong hands kill innocents and unfortunately 9 out of 10 times they have the guns illegally. I do highly encourage any weapon be kept in such a manner children can't get to them, in my prior career, I saw my share of what happens when a child finds a loaded gun.

Jim

 

M code 71 Mach 1, 351 4V Cleveland, Ram Air (not factory), C6 Trans, 3.5 rear

 

Link to comment
Share on other sites

Out of curiosity I checked, California has a population of 38,041,430 and only 35,000 conceal carry permits active. Washington State only has a population of 6,897,012 but has 359,342 conceal permits active. Take a wild guess in which State you're 3 times more likely to be killed with a gun in?

 

Even more telling Utah only has a population of 2,855,287 but has 412,000 conceal permits issued but has among the lowest crime rates and least likely hood of being killed by a gun in the United States.

 

Stats show the more "lawful" concealed weapons in an area the lower the crime.

Correlations and causal relationships are not the same thing.

Let me check your shorts!

http://midlifeharness.com

cactus.jpg.92e5d9d8700abc0ed60c8ccb3426248e.jpg

 

Link to comment
Share on other sites

Out of curiosity I checked, California has a population of 38,041,430 and only 35,000 conceal carry permits active. Washington State only has a population of 6,897,012 but has 359,342 conceal permits active. Take a wild guess in which State you're 3 times more likely to be killed with a gun in?

 

Even more telling Utah only has a population of 2,855,287 but has 412,000 conceal permits issued but has among the lowest crime rates and least likely hood of being killed by a gun in the United States.

 

Stats show the more "lawful" concealed weapons in an area the lower the crime.

Correlations and causal relationships are not the same thing.

 

Jim I can only professionally respond to the estimated 1/5th gun owners in Utah. It is clear the reduced crime also lends credit to the fact that Utah allows multiple wives by one man. Considering the lack of beauty content within the state attributes to the reduction of tension among the male population. In fact enhances social relations among the populous due to the appreciation by other males for relief those males willing to take on the task. No longer are some confronted with the prospect of commitment therefore reducing the urge to fight for ownership of said mates.

 

67 Diamond Blue Vert

 

images?q=tbn:ANd9GcRveIaRU6OAzTfd2Mv6ypGH49BZcPU7MS_7PBKhiOmpmJJrHJ_B_Q

 

DUDE

 

LOL even my sig line offended somebody!

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

  • Recently Browsing   0 members

    • No registered users viewing this page.
×
×
  • Create New...