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FROM: THE TRUTH ABOUT GUNS.COM


BREAKING: CA Ninth Circuit Strikes Down “Good Cause” Carry Provision
By Robert Farago on February 13, 2014

CA 9th Circuit Court of Appeals (courtesy open.salon.com)

“The Ninth Circuit’s decision in Peruta v. San Diego, released minutes ago, affirms the right of law-abiding citizens to carry handguns for lawful protection in public,” washingtonpost.com reports. “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. The Court ruled that the legislature may what mode of carrying to allow (open or concealed), but the legislature may not make it impossible for the vast majority of Californians to exercise their Second Amendment right to bear arms.” Here’s the money shot . . .

f self-defense outside the home is part of the core right to “bear arms” and the California regulatory scheme prohibits the exercise of that right, no amount of interest-balancing under a heightened form of means-ends scrutiny can justify San Diego’s policy . . .

A law effecting a “destruction of the right” rather than merely burdening it is, after all, an infringement under any light….

Is this the beginning of the end of the Golden State’s civilian disarmament campaign? Hardly. The ruling will probably be re-examined by the 9th Circuit en banc (a bench consisting of a dozen or more of the judges in that court). They may toss the decision.

Or they may not. Either way, this may be the beginning of the beginning of the end of California’s jihad against residents’ natural, civil and Constitutionally protected right to keep and bear arms. Residents of New Jersey, Hawaii and other “may issues” states await further developments with bated breath. [h/t JLR]
 

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Discussion Starter #2
http://www.foxnews.com/us/2014/02/13/calif-concealed-weapon-law-tossed-by-fed-appeals-court/
 

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It is a start, if anything, but I'm not going to hold my breath yet.
 

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I think some lower and mid-level courts are upholding simply to pass the case up to try to get it to SCOTUS, where they're hoping there will be Obama or Hillary appointed replacements to strike it down.

Otherwise why the sudden shift when they've been historically anti-gun all these years?
 

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I think Brian in Oregon is on to something. The 9th Circuit is as far left as you can go. I don't believe for a minute that they believe in the 2nd amendment. Something is up.

Congress should only fund that court with enough funds to where they only have enough money to set up a card table and a couple folding chairs for their court. Move it outside and locate it in Death Valley.
 

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I'm ALWAYS suspicious of ANYTHING that comes out of the 9th Circuit taht looks like something I might agree with...in this case, only time will tell.
To date...they are noted for their support of the Second Amendment.
 

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Don, I'm with you. I can never remember a decision they made, that I agreed. Didn't know about their support for the 2 amendment. I guess I only hear the stupid crap that comes out of that district.

I still think they should have to set up shop out in the open in Death Valley though. LOL
 

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Doesn't matter, if it stands, we win. If it doesn't, nothing changed.

I'm hopping for the best.
 

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The ruling was done by a three-justice panel. And San Diego County has already indicated it will appeal to the en banc court. These rulings don't occur in a vacuum, and I wouldn't doubt that the panel may have had conversations with other members of the full court. No judge likes to be overturned on further appeal.

I don't think the 9th Circuit has had an epiphany, or "come to Jesus" moment. Rather, they're probably boxed in to an extent by the Heller and McDonald cases which are settled law.

This case, along with cases ruled on by the 2nd, 3rd, and 4th circuits, are likely to get to the U.S. Supreme Court, since you now have four circuits with differing opinions.

The panel did have rather blunt words for the other three circuits, citing their lack of adherence to Heller, and the fact that the operative word in the 2nd Amendment is the word "bear", as in carry.

Heller was pivotal, in that it defined the 2nd Amendment as an individual right, and not a group (read militia) one. Even the anti-2nd Amendment ACLU has now said it will advocate for individuals in 2nd Amendment cases.

This is not to rain on anyone's parade. Instead, it's a good start for the folks in California, and other 9th Circuit states, since this decision will be applicable to courts within the circuit.

Best, Dennis
 
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