California Court Rules Concealed Carry Of Firearms MUST Be Allowed

By February 14, 2014

District Court San Francisco

9th U.S.District Court, San Francisco

A California court has recently ruled that residents of the state must be allowed to carry concealed firearms in public, so long as they are not prohibited by law from owning a firearm.

The ruling came down in a 2-1 decision, from the Ninth U.S. Circuit Court of Appeals in San Francisco. The court ruled that San Diego County violates the Constitution’s Second Amendment through their requirement that a citizen show, “good cause,” beyond self-defense, to obtain a concealed carry weapons (CCW) permit.

California has long been a, “may issue,” state, which means that if local law enforcement wants to allow you, they, “may issue,” you a CCW permit. Anti-gun Senator Diane Feinstein was one such California resident issued a, “may issue,” CCW, after her family received death threats, decades ago. For your average resident of the Golden State, obtaining such a permit is unlikely in most counties.

If this ruling stands, it would require local governments to grant, “shall issue,” permits who wants to carry a concealed gun for self-defense, provided they are not prohibited from owning own.

800px-New_Hampshire_Open_Carry_2009“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 said in the majority opinion.

O’Scannlain said further that the risk of armed confrontation, “is not limited to the home.” He continued with, “a woman toting a small handgun in her purse as she walks through a dangerous neighborhood, or a night-shift worker carrying a handgun in his coat as he travels to and from his job site.”

C.D. Michel, a lawyer for the National Rifle and Pistol Foundation who was involved in the challenge to the San Diego County system, said the ruling is, “probably the biggest Second Amendment win,” since the Supreme Court’s 2008 ruling and a follow-up decision in 2010, which defined the Second Amendment as a right of the people, not the state.

But many California law enforcement groups are not supportive of the ruling. Martin Mayer is a lawyer for a statewide organizations of law enforcement officers. He believes the ruling will result in more dead police officers. “The majority of peace officers killed in the line of duty are killed by guns,” Mayer explained, “It increases the harm to law enforcement and to the public.”

What are your thoughts on the ruling?

(Article by M.B. David)   Reprinted with permission from Political Blind Spot