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California Just Became Shall Issue!!!

This is a discussion on California Just Became Shall Issue!!! within the CCW forums, part of the Armory category; Originally Posted by Dagun If it's decided based on the actual law - we have nothing to worry about. Well, sure, if you assume that ...


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Old February 16th, 2014, 12:20 PM   #16
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Originally Posted by Dagun View Post
If it's decided based on the actual law - we have nothing to worry about.
Well, sure, if you assume that "shall not infringe" means "shall not regulate or limit in any way, form or fashion". It's very unlikely that the SCOTUS would make that broad an interpretation. I personally suspect that they would use the same (or similar) tests of constitutionality for Second Amendment cases that they apply to First Amendment cases. Courts like symmetry and tend to stick to well established precedent. It's well established case law that the state may regulate the time, place and manner of free speech, as long as it isn't outright prohibited. For that reason, I'm still a bit nervous about such a decision. But IANAL.
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Old February 16th, 2014, 04:35 PM   #17
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Now let's see how long it takes for the County and state to get on the band wagon!
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Old February 23rd, 2014, 06:27 AM   #18
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Great win, but still a lot of hoops and potential road blocks.
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Old February 26th, 2014, 11:29 AM   #19
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It's been great watching the different counties in CA announce changes to their policies regarding issuing CCWs. Most recently Ventura and Orange Counties have announced that they will be accepting Personal Defense as good cause. San Diego has had to resort to mail in applications only as they were swamped with applications. Orange County has received more applications in the past 2 weeks than they issued all of last year. Clerks at the LA county (where I live) Sheriff office have said that they are accepting and holding applications that state Self Defense as good cause until after the ruling is finalized (probably my Mar 7th). My app is going in the mail today.

This is really interesting to watch.
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Old February 26th, 2014, 11:54 AM   #20
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A small battle won for the good guys!
it's big...not small...not huge, but big! San Diego county is well populated. It's the sum of all parts that will keep our constitutional rights from getting overturn by tyrannical governments.
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Old February 26th, 2014, 12:58 PM   #21
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This is really interesting to watch.
Yes - I'm also in LA County and closely watching this unfold. I'm curious to know where you saw the Feb 3rd date mentioned. I thought I saw somewhere that there is still a right of appeal to the SCOTUS for 90 days after the decision, which brings it to May.

Either way, it's looking better with each passing day.
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Old February 26th, 2014, 01:04 PM   #22
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Even if CA became a free state, I don't think I would ever want to live there again, it's nice to visit certain parts though.

Good luck to you all.
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Old February 26th, 2014, 04:34 PM   #23
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Originally Posted by Dagun View Post
Yes - I'm also in LA County and closely watching this unfold. I'm curious to know where you saw the Feb 3rd date mentioned. I thought I saw somewhere that there is still a right of appeal to the SCOTUS for 90 days after the decision, which brings it to May.
Sheriff Bill Gore has stated he is not going to appeal. The State AG has no grounds to appeal as the state law was not at issue, just how it was being interpreted and applied by the sheriff. The only avenue for the case to go up any higher is for a sitting judge to request it be heard en banc by an 11 judge panel of the 9th Circuit. The due date for that is March 6th. Even then, a vote would have to be taken for it to be heard. If it does not go en banc, it will not go to SCOUTS as the prevailing party has no right to appeal.

There are some legal experts much smarter than I that have said the likelyhood for an en banc hearing is slim, seeing as how the ruling was written as to mirror the Heller decision.
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Old February 26th, 2014, 06:29 PM   #24
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Originally Posted by madsend81 View Post
Sheriff Bill Gore has stated he is not going to appeal. The State AG has no grounds to appeal as the state law was not at issue, just how it was being interpreted and applied by the sheriff. The only avenue for the case to go up any higher is for a sitting judge to request it be heard en banc by an 11 judge panel of the 9th Circuit. The due date for that is March 6th. Even then, a vote would have to be taken for it to be heard. If it does not go en banc, it will not go to SCOUTS as the prevailing party has no right to appeal.

There are some legal experts much smarter than I that have said the likelyhood for an en banc hearing is slim, seeing as how the ruling was written as to mirror the Heller decision.
Excellent!! Hmmm... So - the big question, then:

Which pistol or revolver is best for CCW?
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Old February 27th, 2014, 03:52 PM   #25
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Looks like someone else likes to think they have standing to request an En Banc hearing.

https://www.dropbox.com/s/9eyocu0pc2rczhs/Document.pdf


It's the California Peace Officers Association and the California Police Chiefs Association requesting the En Banc Hearing. They filed an Amici brief early on, and are using that and that they represent government officials who administer the law in question to claim standing. Very unusual.

See the discussion here at calguns.net for some more in depth discussion and reaction from CA gunowners.
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Old February 27th, 2014, 04:12 PM   #26
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Originally Posted by madsend81 View Post
Looks like someone else likes to think they have standing to request an En Banc hearing.

https://www.dropbox.com/s/9eyocu0pc2rczhs/Document.pdf


It's the California Peace Officers Association and the California Police Chiefs Association requesting the En Banc Hearing. They filed an Amici brief early on, and are using that and that they represent government officials who administer the law in question to claim standing. Very unusual.

See the discussion here at calguns.net for some more in depth discussion and reaction from CA gunowners.
It lets you know who cares about your rights.
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Old February 27th, 2014, 04:19 PM   #27
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It certainly does.

Now the State AG has thrown her hat into the ring. She has filed a motion to intervene as defendant and has also filed a petition to rehear En Banc.

Motion to Intervene:
https://www.dropbox.com/s/fizgv7vzfr...0intervene.pdf

Petition for En Banc:
https://oag.ca.gov/news/press-releas...weapons-permit
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Old February 27th, 2014, 08:28 PM   #28
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Now the State AG has thrown her hat into the ring. She has filed a motion to intervene as defendant and has also filed a petition to rehear En Banc.
So now the suspense builds. Will the same 3 judges who issued the Peruta ruling allow our meddling AG to get a full en banc hearing? Doubtful, but I guess it's possible. Still looks like we'll know what's happening in about a week.
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Old March 5th, 2014, 06:26 PM   #29
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For those paying attention to the CA CCW cases, 2 significant events occurred today:

1. The same 3 judge panel that issued the Peruta v San Diego ruling, released a similar ruling today in another case, striking down restrictive CCW permitting in Richards v Preito, a CCW case in Yolo County. Richards argued essentially the same thing as Peruta.

2. The CA9 panel has issued orders for the plantiffs and respondents in Peruta to respond within 21 days regarding the motions to intervene filed by the State AG, the Brady Campaign, and a duo of LEO organizations.
http://michellawyers.com/wp-content/...-Intervene.pdf

Releasing Richards is good and probably helps Drake (CCW case out of NJ) get cert at SCOTUS. The request for responses means the panel is taking the requests to intervene seriously. What remains is to see if San Diego files their response since they have stated they aren't interested in continuing.
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Old March 5th, 2014, 06:55 PM   #30
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This is a good thing...but its a battle.....we gotta continue and win the war.....Rusty
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