by Stephen Frank on 02/13/2014
.....
Miracles do happen. The most radical Leftist Federal Court in American, the 9
th
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.”
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
.....
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
.....
ABC News Home
Court Tosses California's Concealed-Weapons Rules
SAN FRANCISCO February 13, 2014 (AP)
By PAUL ELIAS Associated Press
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
.....
