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Calif. concealed weapon law tossed by fed appeals court

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  • suesarkis2001
    What took them so darn long to finally bring this to the courts??? Calif. concealed weapon law tossed by fed appeals court Published February 13, 2014
    Message 1 of 2 , Feb 13 4:20 PM
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      What took them so darn long to finally bring this to the courts???

      Calif. concealed weapon law tossed by fed appeals court

      Published February 13, 2014
      Associated Press
      • conceal_carry2.jpg

        Nov. 1, 2012: A Oklahoma resident wears an unconcealed side arm at Beverly's Pancake House in Oklahoma City, Okla., a state that passed a concealed-carry law last year. (Reuters)

      SAN FRANCISCO –  A divided federal appeals court on Thursday struck down California's concealed weapons rules, saying they violate the Second Amendment right to bear arms.

      By a 2-1 vote, the three-judge panel of the 9th U.S. Circuit Court of Appeals said California was wrong to require applicants to show good cause to receive a permit to carry a concealed weapon.

      "The right to bear arms includes the right to carry an operable firearm outside the home for the lawful purpose of self-defense," Judge Diarmuid O'Scannlain wrote for the majority.

      Judge Sidney Thomas dissented, writing that the good cause requirement limited the number of people carrying concealed handguns in public to those legitimately in need.

      "It limits the risk to public safety by reducing the number of guns in public circulation, but allows those who will most likely need to defend themselves in public to carry a handgun," Thomas wrote.

      Awarding concealed weapon permits is the responsibility of each of California's 58 counties. Officials are required to follow the state rules requiring applicants to show good cause and moral character.

      The San Francisco-based appeals court said those requirements were too strict and ran afoul of a 5-4 landmark U.S. Supreme Court ruling in 2008 that struck down a Washington, D.C., handgun ban and said law-abiding citizens are allowed to have handguns in their home for self-defense.

      The appeals court on Thursday reinstated a lawsuit filed in 2009 by Edward Peruta, who challenged San Diego County's denial of a concealed weapons permit.

      The ruling on Thursday also disagreed with three other federal appeals courts that have upheld permit rules similar to the one in California.

      The U.S. Supreme Court often takes cases when federal appeals courts issue conflicting rulings.

    • Ronald DeCaro
      My sentiments exactly!!! Ronald R. DeCaro Private Investigator - CA License No. PI21993 INTEGRATED INSURANCE INVESTIGATIONS PO Box 888 - Mira Loma - CA -
      Message 2 of 2 , Feb 13 6:59 PM
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        My sentiments exactly!!!

        Ronald R. DeCaro
        Private Investigator - CA License No. PI21993
        INTEGRATED INSURANCE INVESTIGATIONS
        PO Box 888 - Mira Loma - CA - 91752-0888
        Phone (951) 360-8880  Fax (951) 360-5957
        E-mail: Roncaro@...


        -----Original Message-----
        From: suesarkis <suesarkis@...>
        To: infoguys-list <infoguys-list@yahoogroups.com>
        Sent: Thu, Feb 13, 2014 4:21 pm
        Subject: [infoguys-list] Calif. concealed weapon law tossed by fed appeals court

         
         
        What took them so darn long to finally bring this to the courts???

        Calif. concealed weapon law tossed by fed appeals court

        Published February 13, 2014
        Associated Press
        • conceal_carry2.jpg
          Nov. 1, 2012: A Oklahoma resident wears an unconcealed side arm at Beverly's Pancake House in Oklahoma City, Okla., a state that passed a concealed-carry law last year. (Reuters)
        SAN FRANCISCO –  A divided federal appeals court on Thursday struck down California's concealed weapons rules, saying they violate the Second Amendment right to bear arms.
        By a 2-1 vote, the three-judge panel of the 9th U.S. Circuit Court of Appeals said California was wrong to require applicants to show good cause to receive a permit to carry a concealed weapon.
        "The right to bear arms includes the right to carry an operable firearm outside the home for the lawful purpose of self-defense," Judge Diarmuid O'Scannlain wrote for the majority.
        Judge Sidney Thomas dissented, writing that the good cause requirement limited the number of people carrying concealed handguns in public to those legitimately in need.
        "It limits the risk to public safety by reducing the number of guns in public circulation, but allows those who will most likely need to defend themselves in public to carry a handgun," Thomas wrote.
        Awarding concealed weapon permits is the responsibility of each of California's 58 counties. Officials are required to follow the state rules requiring applicants to show good cause and moral character.
        The San Francisco-based appeals court said those requirements were too strict and ran afoul of a 5-4 landmark U.S. Supreme Court ruling in 2008 that struck down a Washington, D.C., handgun ban and said law-abiding citizens are allowed to have handguns in their home for self-defense.
        The appeals court on Thursday reinstated a lawsuit filed in 2009 by Edward Peruta, who challenged San Diego County's denial of a concealed weapons permit.
        The ruling on Thursday also disagreed with three other federal appeals courts that have upheld permit rules similar to the one in California.
        The U.S. Supreme Court often takes cases when federal appeals courts issue conflicting rulings.
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