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California Just Became Shall Issue!!!

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Old February 13th, 2014, 12:31 PM   #1
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California Just Became Shall Issue!!!

Holy cow!!! California pretty much just became a “shall issue” state!!! I think a side of bacon just flew by my window

Federal court deals gun-grabbers a blow in San Diego concealed carry ruling - Washington Times
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Old February 13th, 2014, 12:47 PM   #2
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A small battle won for the good guys!
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Old February 13th, 2014, 01:47 PM   #3
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Interesting how people complain about upending the local and state level hopes and dreams when it helps promote a personal view like gun bans or restrictions.
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Old February 13th, 2014, 04:14 PM   #4
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Interesting how people complain about upending the local and state level hopes and dreams when it helps promote a personal view like gun bans or restrictions.
I don’t believe that constitutional rights are personal views that the state can deny. I generally am opposed to federal jurisdiction over states with a few exceptions. Individual constitutional rights are one of those exceptions.
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Old February 13th, 2014, 04:38 PM   #5
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Unfortunately, I have a feeling this will get appealed to the SCOTUS before anything changes here in CA. There have been rulings by appeals courts in other states that upheld these same types of issue laws.

If they do send it up, it will fix all states - assuming the SC rules properly...
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Old February 14th, 2014, 05:15 AM   #6
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Interesting how people complain about upending the local and state level hopes and dreams when it helps promote a personal view like gun bans or restrictions.
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I don’t believe that constitutional rights are personal views that the state can deny. I generally am opposed to federal jurisdiction over states with a few exceptions. Individual constitutional rights are one of those exceptions.
I hope I did not come across wrong way. I meant people are willing to claim they do not want to upset (upend) some local or state law in support of gun bans and etc. Yet, to support "progressive" geared agenda will claim that anyone against "change" is trying to follow an outdated local or state status quo.
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Old February 14th, 2014, 06:55 AM   #7
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The intent all along, after Heller, was to take this issue to SCOTUS. That's why the last few carry cases in California, while looking like defeats, we're actually wins. Once they outlawed open carry, concealed carry already being prohibited (essentially), we had what we needed to take this all the way to the top.
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Old February 14th, 2014, 09:17 AM   #8
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This case was appealed to the 9 District Court of Appeals, they were the ones who made this decision. It's unlikely the County of San Diego will take this any further because the 9th District is considered one of the most liberal courts in the nation. They have a habit of making bad decisions that are overturned at the US Supreme Court of Appeals. If even they see this as a 2nd Amendment Right, the US Supreme's will likely see it as the same. This is a huge win for concealed carry in California.

I live in a county where you have to "prove why" you need a concealed permit, then if your fortunate enough you have to pay a large fee (about $1000) every two years to keep your permit. Thus keeping it with the people who can afford it, not the people who need it. Maybe this will help.
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Old February 14th, 2014, 12:42 PM   #9
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Congrats San Diego!
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Old February 14th, 2014, 02:04 PM   #10
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That leaves MD and DC although Alan Gura is currently fighting the battle in DC.

With the precedent now set the 9th circuit, Mr. Gura's chances of winning his case may have gone up tremendously.
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Old February 14th, 2014, 03:46 PM   #11
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This is great news for 2A advocates. But it will probably be a few weeks before we find out how the state will handle this 9th circuit decision. At the moment, we're not yet a "shall issue" state, even though this latest decision should make it so if not challenged. For example, the SD Sheriff's Website has a notice that while they "study" this decision, they will continue to operate under current procedures. But instead of outright denying CCW applications based on self defense, they will hold them in "abeyance."

Let's keep our fingers crossed that CA will, in fact, become "shall issue" in all counties.
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Old February 14th, 2014, 04:03 PM   #12
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This is great news for 2A advocates. But it will probably be a few weeks before we find out how the state will handle this 9th circuit decision. At the moment, we're not yet a "shall issue" state, even though this latest decision should make it so if not challenged. For example, the SD Sheriff's Website has a notice that while they "study" this decision, they will continue to operate under current procedures. But instead of outright denying CCW applications based on self defense, they will hold them in "abeyance."

Let's keep our fingers crossed that CA will, in fact, become "shall issue" in all counties.
Exactly...we'll just have to wait and see!
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Old February 14th, 2014, 11:21 PM   #13
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Definitely a "wait and see" game at the moment. I would not hold my breath on it.
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Old February 15th, 2014, 07:04 AM   #14
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The intent all along, after Heller, was to take this issue to SCOTUS. That's why the last few carry cases in California, while looking like defeats, we're actually wins. Once they outlawed open carry, concealed carry already being prohibited (essentially), we had what we needed to take this all the way to the top.
It's a double edged sword. If the SCOTUS follows the line of thinking they used in Heller, this could end discretionary and restrictive "may issue" laws nationally. (Yay!) If they choose to rule in a very narrow way, it's only a partial victory. If they choose to overturn the 9th Circuit decision, it's "game over" for "shall issue" advocates. (Boo!) While some of us don't like it, the Constitution effectively says what the SCOTUS says it says. Definitely a high-stakes game. Keeping my fingers crossed.
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Old February 16th, 2014, 09:10 AM   #15
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It's a double edged sword. If the SCOTUS follows the line of thinking they used in Heller, this could end discretionary and restrictive "may issue" laws nationally. (Yay!) If they choose to rule in a very narrow way, it's only a partial victory. If they choose to overturn the 9th Circuit decision, it's "game over" for "shall issue" advocates. (Boo!) While some of us don't like it, the Constitution effectively says what the SCOTUS says it says. Definitely a high-stakes game. Keeping my fingers crossed.
Those are very good points. I imagine that there will be an enormous amount of political pressure involved in this process. If it's decided based on the actual law - we have nothing to worry about. If it will be decided based on political pressure and back room deals, well...
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