9th Circuit Court decision regarding California May Issue

[Viking]

http://cdn.ca9.uscourts.gov/datastore/opinions/2014/02/12/1056971.pdf

Currently reading through it. CalGuns Foundation claims a victory for 2nd Amendment. Trying to make sense of the thing at the moment to see for myself.

Edit to add: CalGuns forum members claim that California is now Shall Issue thanks to this ruling .

[Viking]

Link to Washington Post about the decision.

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.

[MillCreek]

I have just read it.  An amazing decision, by a historically-liberal Federal Appeals Court.  This is a positive decision for those in favor of the Second Amendment and the right to bear arms in self-defense.

[RoadKingLarry]

I doubt we will see any kind of true "shall issue" out of California in my lifetime and I'm only 51. The deision will be appealed, stayed and drug through the courts for decades.

[Balog]

I doubt we will see any kind of true "shall issue" out of California in my lifetime and I'm only 51. The deision will be appealed, stayed and drug through the courts for decades.

I would have agreed with you, and it's still possible. But SCOTUS has weighed in on the matter and they tend to try to resolve splits in the lower courts. http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/02/13/more-on-the-reasoning-of-the-ninth-circuits-right-to-carry-a-gun-opinion/

[Boomhauer]

The 9th Circus can be rather unperdictable...

[Monkeyleg]

The 9th Circus can be rather unperdictable...

High-potency pot will do that.

[gunsmith]

I doubt we will see any kind of true "shall issue" out of California in my lifetime and I'm only 51. The deision will be appealed, stayed and drug through the courts for decades.

Do not bet on that!!!

 

I would have agreed with you, and it's still possible. But SCOTUS has weighed in on the matter and they tend to try to resolve splits in the lower courts. http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/02/13/more-on-the-reasoning-of-the-ninth-circuits-right-to-carry-a-gun-opinion/

BWAHAHAHAHAHAHAHAAAAAAAaaaaahahahahahahahahahahahahahhaahahahahahah

I am positively buoyant today, this decision will  un do soo much damage.
Withing 5 years I will be able to visit NYC/NJ and be perfectly legal while carrying on my NV LTC.

This is the best news since Heller V DC, uncork the Champagne!

[sumpnz]

I doubt we will see any kind of true "shall issue" out of California in my lifetime and I'm only 51. The deision will be appealed, stayed and drug through the courts for decades.

Next step is an en banc rehearing of case.  Regardless of outcome of that it will be appealed to SCOTUS after the en banc hearing.  Then may-issue goes away for the few states that still practice it.  Assuming Benedict Roberts doesn't find some to call it a tax anyway.  Then you have to litigate the whole issue of cross-state recognition.

Shall issue in Cali is probably a couple years out.  Being able to legally carry with an out of state CCW is probably more like 10 years out, assuming a liberal bias isn't introduced by Obama or Hillary Clinton.

[RoadKingLarry]

I wish I could be optimistic about it.
I just don't see a Republican, let alone an actual conservative, ever occupying the Whitehouse again in the foreseeable future. The next several SCOTUS appointments WILL place the courts firmly in the hands of liberal bed wetters and what few gains we have seen in the last few years will be wiped away.

[freakazoid]

Suck it California!

[RocketMan]

I wish I could be optimistic about it.
I just don't see a Republican, let alone an actual conservative, ever occupying the Whitehouse again in the foreseeable future. The next several SCOTUS appointments WILL place the courts firmly in the hands of liberal bed wetters and what few gains we have seen in the last few years will be wiped away.

Were you looking over my shoulder when I was typing this post?
Unfortunately, I am in perfect agreement with you, RKL.

[230RN]

I wish I could be optimistic about it.
I just don't see a Republican, let alone an actual conservative, ever occupying the Whitehouse again in the foreseeable future. The next several SCOTUS appointments WILL place the courts firmly in the hands of liberal bed wetters and what few gains we have seen in the last few years will be wiped away.

I tend to agree with you on that as well.

Unfortunately.

"We" are, for the most part, individual hobbyists and amateurs.

"They" are, for the most part, dedicated, eight-hour-a-day salaried statists.

"We" tend to relax and go back to shooting tin cans off our back porches after every miniscule victory.

"They" keep on digging up every abstract or circuitous reason to try to remove guns from the population.

"We" cannot even place ads in the public media.

"They" constantly bombard the low-information voters with specious propaganda.

"We" are individualists.

"They" are statists.

Terry, :(

[MillCreek]

I wish I could be optimistic about it.
I just don't see a Republican, let alone an actual conservative, ever occupying the Whitehouse again in the foreseeable future. The next several SCOTUS appointments WILL place the courts firmly in the hands of liberal bed wetters and what few gains we have seen in the last few years will be wiped away.

I have been reading these same statements since Reagan, and look where we are now on RKBA.

[roo_ster]

I tend to agree with you on that as well.

Unfortunately.

"We" are, for the most part, individual hobbyists and amateurs.

"They" are, for the most part, dedicated, eight-hour-a-day salaried statists.

"We" tend to relax and go back to shooting tin cans off our back porches after every miniscule victory.

"They" keep on digging up every abstract or circuitous reason to try to remove guns from the population.

"We" cannot even place ads in the public media.

"They" constantly bombard the low-information voters with specious propaganda.

"We" are individualists.

"They" are statists.

Terry, :(

One of the most compelling reason to reduce the size of the state is to throw such folk out on their azzes so they have to find real work that leaves them too tired at the end of the day to agitate for more statism.

[RoadKingLarry]

I have been reading these same statements since Reagan, and look where we are now on RKBA.

Some temporary gains. Look where we are everywhere else.
DHS
BATFE
FBI
NSA
ACA
Hell Reagan couldn't even get nominated with today's GOP.

[AZRedhawk44]

One of the most compelling reason to reduce the size of the state is to throw such folk out on their azzes so they have to find real work that leaves them too tired at the end of the day to agitate for more statism.

Or nuke DC.


People like us have absolutely no interest in living in the seat of power because we just want to be left alone.  People like them LOVE living in seats of power because it gives them easy access to the levers and buttons of social engineering.

There's nowhere to "throw them out on their azzes" because the entirety of the city they live in is dedicated to the purpose of meddling with your life.  You have to throw the very city itself out on its *expletive deleted*ss.

DC was spec'ed as a federal enclave whose sole purpose was to serve as a naval yard, military training center and home to Congress/POTUS/SCOTUS and foreign embassies.  "Needful structures."  Not effing K-street and a shytload of lobbyists. Definitely not a city of millions of people trying to suck off the government teat. 

[Tallpine]

I wish I could be optimistic about it.
I just don't see a Republican, let alone an actual conservative, ever occupying the Whitehouse again in the foreseeable future. The next several SCOTUS appointments WILL place the courts firmly in the hands of liberal bed wetters and what few gains we have seen in the last few years will be wiped away.

The Democratic appointed justices want to take away our guns while the Republican appointed justices want to kick down our doors to see if we have a "small amount" of some prohibited vegetable material.

 

[gunsmith]

not too years ago it was said that there will be no carry at Grand Canyon, at Yellowstone.
if the anti gunners are as stupid as think they are they will try for enbanc and drag it to the SCOTUS - 

HOWEVER they are beginning to understand they are cutting their nose to spite their face, they will probably let it go and we'll simply have shall issue in CA and Hawaii.

I hope they are as dumb as they appear and have Gura the great win another huge SCOTUS win in a year or two.

[Perd Hapley]

The Democratic appointed justices want to take away our guns while and join the Republican appointed justices wanting to kick down our doors to see if we have a "small amount" of some prohibited vegetable material.
 

I believe you'll find that more accurate.

[Tallpine]

I believe you'll find that more accurate.

I never said the two were mutually exclusive 

Actually, I think the only reason that Republicans somewhat sorta sometimes support gun rights is that they just figure that the dot guv has bigger guns and MRAPs and drones etc so they really don't care about our pea-shooters   

[230RN]

^

Actually, I think the only reason that Republicans somewhat sorta sometimes support gun rights is that they just figure that the dot guv has bigger guns and MRAPs and drones etc so they really don't care about our pea-shooters.

That concept has been drifting around, unformed and unverbalized, in the back of my head for a while.  Thanks for stating it clearly for me.

Terry

[Devonai]

I think you could express the same sentiment with less of a dire undertone, i.e. our small arms are suitable for defense but not a localized uprising.

[dogmush]

Tell that to Helmand Province.

[seeker_two]

I wish I could be optimistic about it.
I just don't see a Republican, let alone an actual conservative, ever occupying the Whitehouse again in the foreseeable future. The next several SCOTUS appointments WILL place the courts firmly in the hands of liberal bed wetters and what few gains we have seen in the last few years will be wiped away.

Either way, I see SCOTUS becoming less & less relevant. Just look at how quickly DC complied with HELLER.

It'll be Jackson/Marshall all over again....