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Thread: CA - Concealed Carry of handguns imminent?

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    Post CA - Concealed Carry of handguns imminent?

    Concealed Carry of handguns imminent?

    September 6th, 2010 4:02 am PT

    Very likely by Thanksgiving.

    Last May I reported on the Peruta v San Diego case where Chief Federal Judge Irma Gonzalez denied a motion by the Sheriff to dismiss the case. The following is an excerpt from the article:

    In denying the motion to dismiss, the Court found on the question:
    1) The Right to Bear Arms -
    "The Supreme Court's decision in Heller made it clear - for the first time - that the Second Amendment guarantees "the individual right to possess and carry weapons in case of confrontation." "The US Supreme Court did not hold that all concealed weapon bans are presumptively constitutional because in those states which had enacted a ban on concealed carry the people had a right to openly carry loaded handguns and "...unlike California there is a ready alternative available to the affected individuals - the right to carry weapons openly if they cannot obtain a concealed weapon's permit."

    To read the rest of the story click the link below.

    http://www.examiner.com/la-in-los-an...dguns-imminent

    Steve
    After today, it's all historical.

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    Brady Center: Fed Court Must Uphold Calif. Gun Law

    Opinion by Brady Campaign
    (14 Hours Ago) in Society / Guns

    WASHINGTON --- The Legal Action Project of the Brady Center to Prevent Gun Violence filed an amicus brief today in federal court in California in defense of San Diego County’s concealed handgun permitting process in Peruta v. County of San Diego.

    The California Pistol & Rifle Association and five individuals sued San Diego County and its sheriff, claiming a constitutional right to carry loaded guns in public places, and challenging California’s "may issue" permitting process, under which law enforcement officers determine who has “good cause” to receive a permit allowing them to carry a concealed handgun in public places.

    To read the rest of the story click the link below.

    http://www.opposingviews.com/i/brady...-calif-gun-law

    Steve
    After today, it's all historical.

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    Senior Member Sidartha's Avatar

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    Well it looks like the Brady's are hitting the pipe early and often these days.
    I wish them the worst of luck with their brief and their agenda.
    This is just my opinion and it's entirely correct.

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    Charles Nichols
    LA Anti-Establishment Examiner
    October 17th, 2010 9:18 am PT

    Massachusetts and California Federal Judges on the 2nd Amendment

    California has a 1923 law which provides a mechanism to carry a loaded handgun for the purpose of self-defense, but Peruta was arbitrarily denied the license because the Sheriff claimed that Peruta was neither a resident nor could show "good cause;" Peruta brought his Civil Rights lawsuit in the Southern District of California (9th Circuit). Peruta argued that the portion of the law which gives the issuing authority the discretion to decide what constitutes "good cause" is illegal under both the Second and Fourteenth Amendment to the United States Constitution.

    The Sheriff made a motion to dismiss the case on November 12th, 2009. On January 14th, 2010 Chief Federal Judge Irma E. Gonzalez issued an 18 page order denying the Sheriff's motion to dismiss finding that:

    "The Supreme Court has explained that the natural meaning of “bear arms” is to “‘wear, bear, or carry... upon the person or in a pocket, for the purpose ... of being armed and ready for offensive or defensive action in a case of conflict with another person."

    To read the rest of the story click the link below.

    http://www.examiner.com/la-in-los-an...-2nd-amendment

    Steve
    After today, it's all historical.

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    Senior Member Penguin's Avatar

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    This is surprisingly good news if it happens.
    Doobie Doobie Doo..

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    Amicus brief in Calif. concealed carry case

    David Kopel • October 30, 2010 10:02 pm

    Peruta v. San Diego is one of several cases challenging sheriff misapplication of California’s concealed handgun carry licensing statute. The case features Chuck Michel as lead attorney for plaintiffs. The case does not assert that California’s statute requiring a license to carry a concealed handgun for protection is unconstitutional. Rather, the argument is simply that the statute specifies that licenses should be issued to qualified applicants (training, good moral character) who have “good cause.” Pursuant to Heller, lawful self-defense is not only good cause, it is the best possible cause. The case has already survived a motion to dismiss.

    To read the rest of the story click the link below.

    http://volokh.com/2010/10/30/amicus-...ed-carry-case/

    Steve
    After today, it's all historical.

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    Monday, November 1, 2010

    Concealed weapons permits: How they're issued, how they work in California

    Published: Sunday, Oct. 31, 2010 - 12:00 am | Page 5B

    Candidates in both the El Dorado and Sacramento county sheriffs' races say they will ease the requirements to obtain a permit to carry a concealed weapon. Other agencies, such as the Sacramento Police Department, are expected to maintain relatively tough standards for the permits.

    Here are answers to some common questions about the permits:

    To read the rest of the story click the link below.

    http://www.sacbee.com/2010/10/31/314...rmits-how.html

    Steve
    After today, it's all historical.

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    Charles Nichols
    LA History Examiner

    San Diego Sheriff Gore's response to the Peruta CCW case - Part 1

    November 4th, 2010 10:46 pm PT

    In 1923 the State of California passed a law which required people to obtain a license to carry a weapon concealed. The reason, according to its chief sponsor, was to keep weapons out of the hands of the Chinese and Latinos.

    In 1926 the Police Chief for the City of Los Angeles decided to end the Open Carry of firearms in his town by sending his police officers out onto the streets to murder anyone they came across carrying a gun.

    To read the rest of the story click the link below.

    http://www.examiner.com/la-in-los-an...cw-case-part-1

    Steve
    After today, it's all historical.

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    Charles Nichols
    LA Anti-Establishment Examiner

    A few comments from Ed Peruta on the eve of Peruta v San Diego et al CCW hearing

    November 13th, 2010 9:00 pm PT

    On Monday morning at 10:30AM there will be a hearing for partial summary judgment in the case of Ed Peruta v San Diego County et al which will be held at the Federal Courthouse for the Southern District of California located at 940 Front Street San Diego, CA.

    The net effect of a judgment in his favor is that California will become a "shall issue" state in the jurisdiction of the presiding judge, Chief Federal Judge Irma Gonzalez. As any first year law student should know, success in the Peruta case has ramifications throughout the 9th Circuit Court. Since every state but Hawaii and California are already either "shall-issue" states or do not require a license to carry a firearm (openly or concealed) its effect will be most significant in these two states.

    http://www.examiner.com/la-in-los-an...al-ccw-hearing

    Steve
    After today, it's all historical.

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    Constitutional Inequities

    By Paul Schecter
    Posted: 11/14/2010 01:05:34 AM PST

    Earlier this year, armed neighbors came to the aid of two Fairfield women who were being attacked by dogs, prompting some to argue that the situation made a good case for citizens being allowed to carry guns.

    The essence of the issue of armed citizens in public may be the process by which concealed carry permits are issued -- or not issued.

    California Penal Code 12050 states: "The sheriff ... upon proof that the person applying is of good moral character, that good cause exists for the issuance ... may issue to that person a license to carry a pistol ... capable of being concealed upon that person."

    To read the rest of the story click the link below.

    http://www.thereporter.com/opinion/ci_16610601

    Steve
    After today, it's all historical.

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    Kimberly Dvorak
    San Diego County Political Buzz Examiner

    CCW Gun rights advocates sue County of San Diego and Sheriff Gore

    November 20th, 2010 11:32 am PT

    A hearing in a lawsuit filed against the County of San Diego and Sheriff William Gore claiming that the county picks and chooses who may obtain a conceal gun permit took place in the Federal District Court in San Diego this past week. The case has now passed another hurdle in federal court and the plaintiffs and supporters of Second Amendment rights will now wait the three-to-four weeks for a written decision by Senior Federal Judge Erma Gonzalez.

    The crux of the case centers on the “shall issue” versus the “may issue” status that the state of California doesn’t adhere to equally throughout the state’s 58 counties. The lead plaintiff Edward Peruta argues he has been wrongfully declined a Conceal Carry Weapon (CCW) permit, even though he has permits to carry a openly and concealed firearm issued by three other states together with letters of recommendations and other information either submitted with his application or available to anyone doing a standard CCW investigation.

    To read the rest of the story click the link below.

    http://www.examiner.com/county-polit...d-sheriff-gore

    Steve
    After today, it's all historical.

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    Senior Member crapshoot's Avatar

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    People in Kalifornia shouldn't have a right to have a gun.
    Attitudes change quick when dicks are involved and faces are pushed into pillows.

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    Peruta Loses CCW Case. San Diego County Sheriff Prevails

    Friday, 10 December 2010 21:39 | Author: GND Staff |

    In an unfortunate ruling for gun rights, U.S. District Court Judge Irma Gonzalez ruled today in favor of San Diego County Sheriff William Gore. Essentially the plaintiff, Edward Peruta sued because he was denied a concealed carry permit.

    To read the rest of the story click the link below.

    http://www.gunnewsdaily.com/index.ph...eriff-prevails

    Steve
    After today, it's all historical.

  14. #14
    Senior Member Sidartha's Avatar

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    And so we go on up.

    By the way, just in case no one ever pointed it out, the reason the 2000 election was so hotly contested by the Dims was because everyone knew that there would be the opportunity to appoint a Chief Justice to the SCOTUS.

    And a damn good thing we did too.
    This is just my opinion and it's entirely correct.

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    Charles Nichols
    LA Anti-Establishment Examiner

    Peruta files notice of appeal in concealed carry CCW case

    December 16th, 2010 12:23 am PT

    Yesterday, the attorneys for Edward Peruta filed a notice of Appeal to the 9th Circuit Court of Appeals in Peruta v County of San Diego et al.

    Although the motion is timely, It will be interesting to read the grounds for appeal. The lead attorney for Peruta declined to challenge the constitutionality of ANY California statute even though the judge invited such a challenge in her ruling last January in finding for Peruta and against the Sheriff of San Diego in the Sheriff's motion to dismiss the case.

    To read the rest of the story click the link below.

    Steve
    After today, it's all historical.

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    Quote Originally Posted by crapshoot View Post
    People in Kalifornia shouldn't have a right to have a gun.
    that is a hell of a thing to say.
    like most states with large citys full of libs. they control a large (very large here) voting block.
    if you come out here to the central valley where most of your fresh veggies come from you would find that most of us have, keep and use guns
    Pete "Doc" Healy.

    (P.S.) my county does Issue CCW .

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    CRPA Files Appeal to 9th Circuit in San Diego CCW Case

    Monday, 27 December 2010 18:58 | Author: GND Staff |

    27 December 2010 - Acting quickly, on December 14, 2010, attorneys for the NRA, CRPA Foundation, and a number of San Diego residents filed a Notice of Appeal to the Ninth Circuit Court of Appeals seeking to overturn a Southern District Court ruling from December 10, 2010 that upheld San Diego Sheriff William Gore's restrictive policies on issuing permits to carry concealed firearms.

    California law allows a permit to carry a concealed firearm (CCW) to be issued if an applicant has "good cause." The lawsuit asserts that under the Second Amendment, self-defense must constitute "good cause" for the issuance of a CCW, and that Gore's requirement that an applicant demonstrate some special need or a specific threat in order to get a CCW is an unconstitutional restriction on the right to keep and bear arms; specifically, the right to carry a loaded firearm in public for self-defense.

    To read the rest of the story click the link below.

    http://www.gunnewsdaily.com/index.ph...diego-ccw-case

    Steve
    After today, it's all historical.

  18. #18
    Senior Member Mr. Rodgers's Avatar

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    Quote Originally Posted by Gunreference1 View Post
    CRPA Files Appeal to 9th Circuit in San Diego CCW Case

    Monday, 27 December 2010 18:58 | Author: GND Staff |

    27 December 2010 - Acting quickly, on December 14, 2010, attorneys for the NRA, CRPA Foundation, and a number of San Diego residents filed a Notice of Appeal to the Ninth Circuit Court of Appeals seeking to overturn a Southern District Court ruling from December 10, 2010 that upheld San Diego Sheriff William Gore's restrictive policies on issuing permits to carry concealed firearms.

    California law allows a permit to carry a concealed firearm (CCW) to be issued if an applicant has "good cause." The lawsuit asserts that under the Second Amendment, self-defense must constitute "good cause" for the issuance of a CCW, and that Gore's requirement that an applicant demonstrate some special need or a specific threat in order to get a CCW is an unconstitutional restriction on the right to keep and bear arms; specifically, the right to carry a loaded firearm in public for self-defense.

    To read the rest of the story click the link below.

    http://www.gunnewsdaily.com/index.ph...diego-ccw-case

    Steve
    Nice job reporting on the current situation in California, Steve. Fortunately not every judge in the 9th circuit is Corporatist owned. NRA and CRPA attorneys may have a good shot at making California a "Shall Issue" state. Contrary to less than popular opinion, there are a lot of good people in California. In any event the people of California have just as much right to self-defense as the rest of the nation. Hopefully, the 9th circuit will order the required change in California P.C. Next step for the people of California is to get rid of their Corporatist owned POL POT and Benito Mussolini law enforcement wanna-be's and get some real law-enforcement. To the people of California, Good Luck.
    P.S. (Off Topic) To the good people of the state of California: While your fighting for your rights perhaps you would be good enough to outsourse the Bay area and L.A. Since they outsourced all your jobs to every two-bit thug government on the planet, and destroyed our National Security, why keep them. I suggest N. Korea as a good place to outsource these criminal corporations.

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    California's SB 610: The Height of Anti-Gun Arrogance?

    Saturday, 26 February 2011 06:09 | Author: Ralph Weller |

    Senate Bill SB 610 was recently introduced into the California legislature by Democrats Rod Wright and Lou Correa. Both represent senate districts in the Southern California area around Los Angeles and Orange County.

    SB 610 is the bill that would modify California’s CCW system by preventing applicants from having to pay certain fees prior to finding out whether their CCW application has been approved. Additionally, the bill would place time limits on how long an applicant would be required to wait for a decision on their application, as well as a provision requiring the licensing agency, generally local law enforcement, to provide a reason for denial of a permit.

    To read the rest of the story click the link below.

    http://www.gunnewsdaily.com/index.ph...-gun-arrogance

    Steve
    After today, it's all historical.

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    Provision streamlining gun permits for elected officials is stricken from bill

    Some legislators objected that it would mean special treatment for lawmakers.

    By Patrick McGreevy, Los Angeles Times
    April 6, 2011

    Reporting from Sacramento -- California politicians who want to carry weapons will still have to go through the same permit process as everyone else, at least for now.

    A bill that would have streamlined the state's gun permit process for them was stripped of that controversial provision Tuesday, before a legislative committee passed the rest of the measure. Sen. Roderick Wright (D-Inglewood), author of the bill, said he hoped to revisit the idea later.

    To read the rest of the story click the link below.

    http://www.latimes.com/news/local/la...,4970087.story

    Steve
    After today, it's all historical.

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