9th circuit rules that "self-defense" is "good cause."


zgauthier

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With "good cause" not being constitutional what does this mean to CCW in CA? What does this mean to those in CA that already have a CCW? Thoughts?

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With "good cause" not being constitutional what does this mean to CCW in CA? What does this mean to those in CA that already have a CCW? Thoughts?

This ruling has already been discussed at some length here. The discussion went a bit off-track, but towards the end, the best summary of what the ruling means to CCW in CA, or any other issue having to do with CA's repressive gun control environment, was this one by Rhino IMO.

Having been born and raised in CA and living there for more than 30 years of my life, I'm going to say that this particular ruling is very nearly completely meaningless to CA's CCW laws. The only use gun-rights advocates will ever get out of this ruling is in other appeals where the language in the ruling can be brought up as precedent, but because of the details of what the suit was all about, it overturns nothing, establishes no legal principles which state law-makers are bound to abide by in and of itself, and even leaves the San Diego Sheriff who was the defendant in the case with many ways to continue restricting people wishing to exercise their rights to bear arms from doing so "legally."

As much as I join with everyone who wishes this was as big a deal as gun-owners are making out of it, it simply ain't. It's as close as an appeals court will ever get to finding for the plaintiff, while at the same time making a nothing ruling.

Blues
 
My worry is that if it becomes shall issue, those of us who have CCWs will lose our unrestrictive status. Sheriffs will combat the shall issue with major restrictions

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My worry is that if it becomes shall issue, those of us who have CCWs will lose our unrestrictive status. Sheriffs will combat the shall issue with major restrictions

The ruling you asked about in the OP definitely does nothing to change the may-issue state of the current carry laws. It really doesn't even effect the carry laws in San Diego, it just makes the Sheriff there find another "rationale" for infringing the rights of the citizens he "serves."

As far as I am aware, no court ruling has ever ordered a state to go from may-issue to shall-issue. For the time being (and probably forever after), each state's legislature makes that decision and sheriffs have to abide by the provisions they make.

Your post is confusing though. Are we to understand that you already have a CA-issued permission slip through the may-issue structure that's currently in place, but you want to keep it may-issue because you're afraid you'd lose the one you already have if sheriffs were mandated to issue rather than use their own discretion on a case-by-case basis? If the state went shall-issue, it would open up the privilege of carrying a gun to millions of citizens who currently live in jurisdictions where permission slips are almost never issued. So if you want it to stay may-issue, you want millions of citizens to continue being denied a right (or privilege) that you already enjoy. If I'm reading you right, that's hardly a pro-2nd Amendment stance. Am I reading you right?

Blues
 
2nd Amendment read pretty clear. Trying to register my gun will be tricky as the slide will be moving and the muzzle flashing. 2nd Amendment stands against Tyranny.
 
No I absolutely believe we should be shall-issue. And everyone should be able to carry. However, if they make it shall issue and the sheriff put restrictions on everyones CCW it will defeat the purpose.

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