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Tag Archive: Shall Issue


More Californians May Carry Concealed Guns After Ruling

 

 

 

” A ruling with the potential to expand the number of Californians permitted to carry hidden, loaded guns in public to almost 2 million won’t be reheard by an appeals court as the state’s attorney general requested.

  A panel of the U.S. Court of Appeals voted 2-1 Wednesday to deny a bid by California Attorney General Kamala Harris, a gun control organization and two police lobbying groups to challenge the court’s February ruling that any responsible, law-abiding citizen is entitled under the U.S. Constitution’s Second Amendment to possess a concealed firearm in public for self- defense. Harris may appeal the decision. Her spokesman, David Beltran, said the office is reviewing it.

  The panel ruled in February that San Diego County’s process for determining who qualifies for a permit to carry a concealed weapon violates the right to bear arms. California’s concealed- carry laws are among the most stringent in the U.S.

  The case was brought by freelance videographer Edward Peruta, who sued after his application to carry a concealed Colt 1911 .45 caliber pistol as he traveled through high-crime neighborhoods was denied by the sheriff in San Diego County.

  Experts have said that allowing the February ruling to stand may increase the number of people with concealed guns to as much as 5 percent of the general population in California. That would equal 1.9 million of the most populous U.S. state’s 38 million residents.

  If the ruling is appealed to the U.S. Supreme Court, it could put the scope of the right to bear arms back in front of the high court justices, six years after they struck down a District of Columbia law that banned handguns in the home.

  The San Francisco appeals court’s ruling is squarely at odds with those by appeals courts in New York, Philadelphia and Richmond, Virginia, that have upheld discretionary permitting. By deepening a split among regional appeals courts, a ruling in favor of Peruta increases the likelihood that the high court will take up the issue to resolve the difference of opinion. “

 

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HT/Instapundit

 

 

 

 

 

 

 

 

 

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D.C. To Begin Accepting First Applications In Decades For Concealed-Firearm Permits

 

 

 

 

” D.C. Police Chief Cathy L. Lanier on Thursday said her department will begin accepting applications next week for the first public permits to carry concealed firearms in the nation’s capital in more than four decades.

  Lanier’s announcement came as the D.C. Council’s judiciary committee met to grapple with a federal judge’s ruling striking down the District’s long-standing concealed-carry ban. That ruling, handed down in July, will take effect next week.

  Last month, the D.C. Council enacted emergency legislation — and is in the process of writing a permanent law — to allow city residents to carry concealed weapons. The measures set out requirements for D.C. residents who own properly registered handguns as well as nonresidents with a state carry license to obtain a permit to bear a concealed weapon in the city.

  But both the temporary law and the permanent measure would be among the most restrictive nationwide, giving Lanier the final say on which applications are granted. The chief and other officials have said that strict rules are needed to ensure the security of dignitaries and high-profile events.”

 

  Not exactly a shall-issue situation , this “emergency legislation” , while landmark in that the citizens of DC can finally attempt to exercise their 2nd Amendment rights , as written those rights are still to be “allowed” under the sole discretion of one political bureaucrat … further litigation seems a certainty . Any guesses as to the chances of the average  DC resident being granted “permission” to defend themselves in one of the most dangerous cities in the country ?

 

Continued at Washington Post

 

 

 

 

 

 

 

 

 

 

Seven Months Later, Orange County Concealed Carry Permits Have Doubled

 

 

 

 

 

 

” Last February, the Ninth Circuit Court Of Appeals, which has jurisdiction over most of the Western United States, ruled that California’s concealed carry law was unconstitutional. The provision in the law stating that one must give “good cause” for a concealed carry permit was deemed too burdensome–and they’re right!

  After the ruling, Orange County saw a spike in concealed carry permits. It got to the point where the county had to spend an additional $1.6 million–and hire 14 part-time staffers–to process all the applications.

  At the time, Orange County Sheriff Sandra Hutchens said she wasn’t going to add more scrutiny to the concealed carry permit process. If you’re a law-abiding citizen and apply, you’ll get your permit. “

 

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19 States Join Lawsuit Against NJ Gun Law

 

 

” Support is mounting for a lawsuit that challenges New Jersey’s tight restrictions on handgun ownership and its high standard of “justifiable need” for carrying a weapon outside the home.

  Nineteen states as well as the powerful National Rifle Association have joined the case’s plaintiff John Drake, who in his lawsuit claims he was denied a permit following a thwarted robbery attempt on his Sussex County business.

  Drake lost his appeal before a three-judge panel of the 3rd U.S. Circuit Court of Appeals last year and now a growing number of states, led by Wyoming, are asking the U.S. Supreme Court to hear the case, claiming New Jersey was wrong when it determined that the business owner failed to prove “justifiable need” to carry a gun under state statute.

Drake’s suit also claims that his right to bear arms under the Second Amendment has been violated.”

 

Read more at Newsmax

 

 

 

 

 

 

 

 

Yolo County Concealed Weapons Law Overturned

 

 

 

 

 

 

” In the latest victory for firearms advocates, a federal appeals court has tossed out Yolo County’s policy requiring citizens to prove they face a threat of violence or robbery before they can get a concealed weapon permit.

  In an unpublished memorandum issued Wednesday by the 9th U.S. Circuit Court of Appeals, a three-judge panel found Yolo County’s “policy impermissibly infringes on theSecond Amendment right to bear arms in lawful self-defense.”

  The memorandum reversed a 2011 decision by a Sacramento federal judge who upheld the policy. His action, however, came nearly three years before a circuit opinion last month laying down definitive Second Amendment law in the nine Western states.

  Wednesday’s appellate ruling rests on that much broader February opinion in a similar lawsuit challenging San Diego County’s policy, which essentially found that county’s sheriff and other officials throughout the sprawling circuit cannot demand proof that a citizen has “good cause” before a concealed weapon permit can be obtained.”

 

 

This cannot help AG Kamala Harris in her request to appeal the Ninth circuit’s ruling …

 

 

” California Attorney General Kamala Harris already has appealed the 2-1 appellate decision in the San Diego County case, urging the court to reverse its ruling, arguing that local law enforcement officials must be allowed to determine who can carry a concealed weapon in their jurisdictions.”

 

 

 

 

 

 

     But of course in typical liberal fashion , she has the issue exactly backwards ; It’s not up to law enforcement to determine who is ALLOWED to possess/carry a gun , that is a birthright . No , all are entitled to the right to self-defense unless they have in some way proven that they do not deserve that right any longer and that is a determination to be made by the courts .  

     It is law enforcement’s job to see to it that those who have been found to have legally forfeited their right do not continue to prey on the honest citizenry . Police , in a free society , are by nature and design a strictly reactionary force , since as they remind us they have no obligation to protect us , and as such have no business being pro-active in denying the citizens their rights .

     The burden of proof lies with the accuser not the accused and as such our right are ours by our very nature of being and not based on which the authorities may choose to bestow . 

 

 

” Today’s ruling reinforces the Second Amendment’s application to state and local governments, and will help clear the way for more California citizens to exercise their right to bear arms,” said Second Amendment Foundation founder and Executive Vice President Alan M. Gottlieb. “California officials have been put on notice that they can no longer treat the Second Amendment as a heavily regulated government privilege.”

 
 
 
Read more at the SacBee
 
 
 
 
 
 
 
 
 
 

Kamala Harris Uses Dirty Tactics To Get Peruta v. San Diego County Reversed

 

 

” Just when residents of San Diego thought they finally had won back the right to bear arms in the county, state politicians used dirty tactics to try to block it.

  Late Thursday, California State Attorney General Kamala Harris filed a petition on behalf of the state to ask the 9th U.S. Circuit Court of Appeals to review and reverse its decision in Peruta v. County of San Diego. That ruling two weeks ago said the county’s restrictive concealed carry permit laws that required “good cause” were unconstitutional.

  This comes just one week after San Diego Sheriff Bill Gore said he would not seek en banc review and would start issuing permits based on self-defense once the appeals court decision was finalized.

  Ms. Harris wrote in the filing that the state should be allowed to intervene in the case because “this case draws into question the constitutionality of the State’s statutory scheme regulating the public carrying of firearms.” She added that the “existing parties will not adequately represent the State’s interests.”

  Chuck Michel is the west coast counsel for the National Rifle Association, which funded the lawsuit. He said Ms. Harris‘ motion to intervene was far out of line because her office wasn’t part of the lawsuit, despite repeated requests from both plaintiffs and Sheriff Gore to get involved. ” 

 

Emily Miller has more on Barack’s “best looking AG” trying to make her own laws instead of upholding the court’s decisions as is her purview .

 

 

 

 

 

 

 

Read more: http://www.washingtontimes.com/news/2014/feb/27/california-attorney-general-tries-overturn-gun-car/#ixzz2uiNoK2i0
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Proposed Michigan Legislation Could Mean Easier and Faster Permits For Residents

 

 

 

 

 

” The proposed law would transfer the permitting process to Department of State Police and County Clerks as well as puts a time requirement on the issuance of permits. In theory, this should speed up the permitting process and make it more consistent.

It’s not constitutional carry by a long shot, but if it means more law abiding citizens can legally carry firearms then I’m on board.”

 

The NRA writes:

 

” Earlier this week, an important pro-gun bill was introduced in the Michigan Senate. Senate Bill 789, sponsored by state Senator Michael Green (R-31), would eliminate county concealed carry licensing boards and instead transfer all of their duties to the Department of State Police and county clerks. SB 789 seeks to make the concealed pistol licensing (CPL) process more efficient and cost-effective for gun owners across the Great Lakes State.

  SB 789 will include creation of a true ‘shall issue’ CPL system for law-abiding citizens and a requirement that licenses be issued within 45 days … “

 

GunsSaveLives has more

 

 

 

 

 

 

 

 

California Concealed Carry Could Easily Jump 1100-Percent After Peruta

 

 

 

 

Calguns Foundation has issued data projecting the number of concealed carry permits that the state would have to issue in the first year if the state is forced to adopt a “shall issue” permit as a result of the decision in  Peruta v. San Diego (PDF).

Based upon the percentage of the population that decided to apply for a permit, and extrapolating from existing permitting data, Calguns Foundation suggests that from between 292,342 to 1,461,709 Californians will receive concealed carry permits, figuring a 1%-5% application rate.”

 

 

   Here is Calguns statement on the Peruta decision , here is the suit Peruta v. County of San Diego and here is their page on the battle for CCW rights in California while you can read the rest of the story from Bob at Bearing Arms .

 

 

 

 

 

 

 

 

 

Sheriff Lee Baca and the Gun-Gift Connection

 

 

 

” The L.A. County Sheriff’s Department is known in gun-rights circles for being stingy with concealed-weapons permits. Sheriff Lee Baca has total discretion over who is allowed to get a permit, and he hasn’t given out many.

As of May 2012, only 341 people had been granted them, according to sheriff’s records. Compare that with the San Bernardino County Sheriff’s Department, which had 1,754 permit holders in 2011, despite a population of just 2 million people to L.A.’s 10 million. The Kern County Sheriff granted even more, with 3,564 permit holders in a population of 800,000 people.

In L.A. County, records show, most of the permits go to judges and reserve deputies. But there is another group that seems to have better luck than most in obtaining permits: friends of Lee Baca. Those who’ve given the sheriff gifts or donated to his campaign are disproportionately represented on the roster of permit holders.

Michel had not looked in depth at L.A. County’s practices, but the Weekly did. Last year, the Weekly filed a public records request for all 341 active concealed-weapons permits granted by the Sheriff’s Department — as well as a list of the 123 people who applied for concealed weapons over an 18-month period but were denied. (You can see the complete list of permit holders we obtained from the Sheriff’s Department here.)

Those lists contain many of the same names that appear on Baca’s gift reports and contribution records.

In fact, more than two dozen people who have given gifts or campaign contributions to the sheriff also have gun permits. More than one out of every 10 permits issued to civilians went to people on Baca’s gift list. The permit holders include Michael R. Yamaki, an attorney and reserve deputy who is among Baca’s best friends, as well as several people who attended Baca’s 1999 wedding.”

 

 

 

HT/Instapundit

Breaking News in Maryland on
Concealed Carry

  ” Judge Legg has issued a permanent injunction against enforcement of the requirement of
needing a “good and substantial” reason to obtain a permit to carry in Maryland . ”

HT/Instapundit