Liberal 9th Circuit Appeals Court Strikes down California Ban on Concealed Weapons

[DieHardBrownsFan]

 

9th Circuit Appeals Court Strikes Down California Ban on Concealed Weapons

by Top Right News on February 14, 2014 in Crime, Guns, Politics

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The most liberal Federal appeals court in the nation shocked many today with a stunning rejection of one of California’s toughest gun restrictions.

by Gina Cassini | Top Right News

In a 2-1 decision issued on February 13th, the Ninth U.S. Circuit Court of Appeals ruled “San Diego County violates the Constitution’s Second Amendment by requiring residents to show ‘good cause’” before being allowed “to obtain a concealed carry permit.”

The court ruled that the right to keep and bear arms is, in and of itself, a sufficient cause for bearing arms for self-defense. Moreover, it is a sufficient cause both inside and outside of one’s domicile.

According to SFGate, Judge Diarmuid O’Scannlain’s majority opinion emphasized “the right to bear arms includes the right to carry an operable arm outside the home for the lawful purpose of self-defense.”

He said the Second Amendment must be read as including “the right to carry weapons outside the home” because “the risk of armed confrontation” is in no way limited to one’s home. He supported his points by citing the examples of “a woman toting a small handgun in her purse as she walks through a dangerous neighborhood or a night-shift worker carrying a handgun in his coat as he travels to and from his job site.”

O’Scannlain “disagreed with federal appeals courts that have upheld [similar] requirements” in states like New York and New Jersey, where citizens also have to show “good cause” to get a concealed permit.

Gun-control advocates were stunned at the decision by one of the nation’s most left-leaning courts, figuring that if even the 9th Circuit is siding with gun rights, we may soon witness a tidal wave of court decisions ending the gun-control lobby’s influence once and for all.

We can only hope.

 

 

[BrownsKidd]

Wow!

[Legacy Fan]

Pretty shocking. Agree with the decision though.

[Browns149]

Good news for everyone.

[ballpeen]

Indeed.

[LogicIsForSquares]

Definitely wild that they allowed it. The only positive gun story I have heard out of California.

[MLD Woody]

So does that mean the right to conceal carry anywhere? Or just in general

[LogicIsForSquares]

So does that mean the right to conceal carry anywhere? Or just in general

Just in general. Before you had to have "good cause", which left the local sheriff the leeway to say "well that wasn't good enough". They made it near impossible to get a permit in some counties. They just made it a "shall issue" state instead of "may issue". Businesses can still put up signs saying they don't want any firearms in the building etc.

[MLD Woody]

So on private property the owner can decide. Do they hold aby weight though? Can you be charged with a crime for taking a concealed weapon on someone's property or in their building if there is a sign that says you can't? And even then, it is cc so no one would know .

 

What about public buildings?

[LogicIsForSquares]

So on private property the owner can decide. Do they hold aby weight though? Can you be charged with a crime for taking a concealed weapon on someone's property or in their building if there is a sign that says you can't? And even then, it is cc so no one would know .

 

What about public buildings?

Basically, if anything happens (shirt rides high etc) they can make you leave or get you for trespassing. If anything happens where you have to use the firearm on their grounds, they can sue you into poverty over it.

 

Public as in government or private businesses open to the public? Carrying into most federal and state buildings with a CC fetches you a felony unless states otherwise.