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Federal Court Rules Concealed Carry Law in California Unconstitutional
State law requires applicants to show good moral character, have good cause and take a training course.
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“In Fresno County nothing is going to change”, said Fresno County Sheriff Margaret Mims. “You have to show a reasonable cause (such as a threat of harm)”.
Many believe that the issue of concealed carry firearms might be the next Second Amendment issue to reach the Supreme Court, although in recent years, the justices have seemed reluctant to wade into the issue. However, the process is easier said than done due to the state’s allowance for “may-issue” permitting using a “good-cause” requirement administered by local authorities.
The court also upheld another provision of the California law that authorizes counties to issue permits for concealed weapons upon a showing of “good cause”. Usually, it’s liberals who push for more federal protections for citizens, while conservatives mostly support the right of states to establish laws that abide by regional standards and mores. The ruling upholds a California handgun permit law, one of the toughest in the country.
Indeed, the decision leaves the rights of Californians at the whim of local law enforcement officials.
Any future law trying to limit concealed carry in Arizona would require a change in the state Constitution, which states a citizen’s right to bear arms “shall not be impaired”.
“Once again the 9th Circuit showed how out of touch it is with mainstream Americans”, C.D.
Thursday’s ruling “avoided answering the critical legal question of whether, if concealed carry is prohibited, some form of open carry of firearms must be allowed”, said Chuck Michel, the lawyer for the gun owners in the case.
If there is any issue that could intensify the emotions and raise the stakes in the 2016 presidential election, it’s guns. Then, following the Supreme Court’s lead, the court surveyed the history of the 2 Amendment to ascertain how states understood the right to bear arms in the 18 and 19 centuries.
California Attorney General Kamala Harris, a Democratic candidate for the U.S. Senate, had a contrary reaction, praising the decision as one that will enhance public safety.
Last week the federal 9th Circuit Court of Appeals in San Francisco astonishingly ruled that there is “no Second Amendment right for members of the general public to carry concealed firearms in public”. Typically, people who are being stalked or threatened, celebrities who fear for their safety, and those who routinely carry large amounts of cash or other valuables are granted permits.
To obtain a concealed-carry permit in Arizona, applicants must be an Arizona or USA resident who is at least 21 (19 with proof of military service).
The 9th Circuit Court came to a decision by looking at the history of concealed carry in the U.S. and England and found in most cases that carrying a weapon in public was restricted. Thomas was the dissenter on that three-judge panel.
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“In his 52-page majority opinion in Peruta v. County of San Diego, Judge William Fletcher wrote …”