Ninth Circuit strikes California’s restrictive rule against licensed carry of handguns

[friendly_iconoclast]

This discussion thread was locked as off-topic by Tx4obama (a host of the Latest Breaking News forum).

Source: Washington Post

The Ninth Circuit’s decision in Peruta v. San Diego, released minutes ago, affirms the right of law-abiding citizens to carry handguns for lawful protection in public.

California law has a process for applying for a permit to carry a handgun for protection in public, with requirements for safety training, a background check, and so on. These requirements were not challenged. The statute also requires that the applicant have “good cause,” which was interpreted by San Diego County to mean that the applicant is faced with current specific threats. (Not all California counties have this narrow interpretation.) The Ninth Circuit, in a 2-1 opinion written by Judge O’Scannlain, ruled that Peruta was entitled to Summary Judgement, because the “good cause” provision violates the Second Amendment.

The Court ruled that a government may specify what mode of carrying to allow (open or concealed), but a government may not make it impossible for the vast majority of Californians to exercise their Second Amendment right to bear arms...

...As Heller had observed, there are many 19th century cases which say that a state may ban concealed carry so long as open carry is still allowed. California might have been able to do the same. But it is unconstitutional to prohibit carrying in every mode: “the Second Amendment does require that the states permit some form of carry for self-defense outside the home.”


Read more: http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/02/13/ninth-circuit-strikes-californias-restrictive-rule-against-licensed-carry-of-handguns/

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The author points out further on in the article that there is now a well-developed "circuit split"
amongst variois US circuit courts. My guess is that this will end up in the Supreme Court

[broadcaster75201]

1. This isn't that significant ... yet

It was 2-1 and Conservative Judges v Liberal Judges. If it is heard en banc (likely) then the liberal majority will likely rule otherwise. So .. stay tuned.

[friendly_iconoclast]

2. There would still be a circuit split. This will end up at the SC

[hack89]

4. They will follow the Heller precedence

Heller is crystal clear on self defense. CA has to recognize self defense as a legitimate reason to have a CCW.

[happyslug]

3. Duplicate Thread, through the older one is based in a San Francisco Newspaper

http://www.democraticunderground.com/1014726854

[Mr.Bill]

5. Correct me if I'm wrong,

but it sounds like the court's decision could be satisfied by simply eliminating the recent ban on open carry.

[Tx4obama]

6. Locking, sorry. LBN Dupe. Please continue discussion on LBN link below

LBN OP here: http://www.democraticunderground.com/1014726854

Thanks

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