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CA CCW lawsuits
For those that do not know.
Link Removed
It was filed last year and was put on hold until the Ninth Circuit Court of Appeals made a final decision on Nordyke v King.
The Ninth Circuit Court of Appeals put a hold on deciding Nordyke v King, until SCOTUS decided on McDonald v Chicago.
Today, SCOTUS released their decision on McDonald v Chicago.
They voted 5-4 that the Second Amendment is incorporated.
What this means for CA...
With SCOTUS deciding that the Second Amendment is incorporated, it will affect the Ninth Circuit Court of Appeals decision on Nordyke v King, which in turn will affect Sykes v McGinness.
Last year a panel of the Ninth Circuit Court of Appeals voted 3-0 that the Second Amendment was incorporated. That decision was later put on hold, so that all en banc panel decision could be made (11 judge vote). After the en banc panel formed, they put all discussion on hold until after SCOTUS decided on McDonald v Chicago.
Now that SCOTUS has decided that Second Amendment is incorpoated, the en banc panel of the Ninth Circuit Court of Appeals will have to follow suit and decide/abide that the Second Amendment is incorporated.
All this will affect the outcome of Sykes v McGinness.
Sykes v McGinness seeks to change two things with CA's "may issue" CCW system.
1. That "self defense" is an adequate "good cause" for CCW issuance.
2. That "good moral character" equates to can legally own/possess a firearm
These two changes will basically make CA's "may issue" CCW system into a "shall issue" CCW system.
The next several months will be quite interesting for CA.
For those that do not know.
Link Removed
It was filed last year and was put on hold until the Ninth Circuit Court of Appeals made a final decision on Nordyke v King.
The Ninth Circuit Court of Appeals put a hold on deciding Nordyke v King, until SCOTUS decided on McDonald v Chicago.
Today, SCOTUS released their decision on McDonald v Chicago.
They voted 5-4 that the Second Amendment is incorporated.
What this means for CA...
With SCOTUS deciding that the Second Amendment is incorporated, it will affect the Ninth Circuit Court of Appeals decision on Nordyke v King, which in turn will affect Sykes v McGinness.
Last year a panel of the Ninth Circuit Court of Appeals voted 3-0 that the Second Amendment was incorporated. That decision was later put on hold, so that all en banc panel decision could be made (11 judge vote). After the en banc panel formed, they put all discussion on hold until after SCOTUS decided on McDonald v Chicago.
Now that SCOTUS has decided that Second Amendment is incorpoated, the en banc panel of the Ninth Circuit Court of Appeals will have to follow suit and decide/abide that the Second Amendment is incorporated.
All this will affect the outcome of Sykes v McGinness.
Sykes v McGinness seeks to change two things with CA's "may issue" CCW system.
1. That "self defense" is an adequate "good cause" for CCW issuance.
2. That "good moral character" equates to can legally own/possess a firearm
These two changes will basically make CA's "may issue" CCW system into a "shall issue" CCW system.
The next several months will be quite interesting for CA.