Ninth Circuit strikes California’s "May Issue"

[styxx]

We seem to have lost rights incrementally, so perhaps we can get some of them back incrementally ? I believe that we here in Texas should get our 2nd Amendment rights recognized under the Texas law step by step over the next two or three sessions. I suggest we begin in 2015 with expanded concealed carry locations to virtually everywhere a LEO can carry. If we can succeed with that, then in '17 we can try for open carry for those licensed to carry concealed (with open carry having its own signage distinct and completely separate from 30-06). Those would each be major steps forward.
I believe the folks demanding immediate open carry without any licensing process will simply get nowhere at all. Worse, as has seemed to be proven over the past few sessions, vociferous and ill conceived overreaching can easily poison the atmosphere sufficiently to prevent anything more than a few little baby steps forward.

[jmra]

9th Circuit?? Hades has officially frozen over.

[K.Mooneyham]

Considering this was the Ninth Circuit Court, I was as shocked as the rest of y'all with this decision. In fact, when I read it, I took a peak out the window to see if any hogs had taken wing.

[WildBill]

9th Circuit?? Hades has officially frozen over.

I think so.

[WildBill]

Considering this was the Ninth Circuit Court, I was as shocked as the rest of y'all with this decision. In fact, when I read it, I took a peak out the window to see if any hogs had taken wing.

I am looking for a fainting icon. Maybe it's the medical marijuana they've been smoking.

[WildBill]

We seem to have lost rights incrementally, so perhaps we can get some of them back incrementally ?

That's a very insightful thought.

[RoyGBiv]

I am looking for a fainting icon.

[WildBill]

I am looking for a fainting icon.

[ Image ] [ Image ] [ Image ]

Thanks Roy.

[cb1000rider]

The Court ruled that a government may specify what mode of carrying to allow (open or concealed), but a government may not make it impossible for the vast majority of Californians to exercise their Second Amendment right to bear arms.

Wow.. a decision that makes sense.

[troglodyte]

While on a business trip I just happened to stop in at a gun shop in Selma, CA this afternoon. Joe, the counterman, and I were discussing CA laws and how they compared to TX. He informed me of CAs change to "shall issue". The county Fresno is in is taking about a year for all the paperwork to go through. Tulare Co is a few months. To buy a pistol (firearm?) you have to take a gun safety class. For the CCW you have to take a class and qualify with all the firearms you wish to carry. There are only a few handguns on the "approved" list. To get on the list the manufaturer has to pay a fee to CA.

They have a 10 round limit on (all?) handguns and "assualt" weapons. On top of the 10-round limit, AR and AKs have what is akin to a child-safety lock on the magazine release. You have to use a tool of some sort to activate the magazine release. This is to prevent being able to quickly swap mags. The "tool" could be a screwdriver or the tip of a bullet. From what I saw the AR has a recessed button in the magazine release that you have to depress before you can depress the mag release. The AK had a cage around the release with a slot in the bottom requiring a screwdriver of similar to be used to trip the mag release.

What I found mildly surprising and refreshing was it seems most rural Californians think pretty much like the rest of us "rural" folks. The big cities make asinine laws that ruin it for the normal folks.

As a sidenote, Selma reminded me of some little town like Coleman. Still has a lot of that yesteryear atmosphere to it.

If you have occasion to stop into Central Valley Guns in Selma (or have friends or relatives in the area) I was highly impressed and would recommend them.

[K.Mooneyham]

While on a business trip I just happened to stop in at a gun shop in Selma, CA this afternoon. Joe, the counterman, and I were discussing CA laws and how they compared to TX. He informed me of CAs change to "shall issue". The county Fresno is in is taking about a year for all the paperwork to go through. Tulare Co is a few months. To buy a pistol (firearm?) you have to take a gun safety class. For the CCW you have to take a class and qualify with all the firearms you wish to carry. There are only a few handguns on the "approved" list. To get on the list the manufaturer has to pay a fee to CA.

They have a 10 round limit on (all?) handguns and "assualt" weapons. On top of the 10-round limit, AR and AKs have what is akin to a child-safety lock on the magazine release. You have to use a tool of some sort to activate the magazine release. This is to prevent being able to quickly swap mags. The "tool" could be a screwdriver or the tip of a bullet. From what I saw the AR has a recessed button in the magazine release that you have to depress before you can depress the mag release. The AK had a cage around the release with a slot in the bottom requiring a screwdriver of similar to be used to trip the mag release.

What I found mildly surprising and refreshing was it seems most rural Californians think pretty much like the rest of us "rural" folks. The big cities make asinine laws that ruin it for the normal folks.

As a sidenote, Selma reminded me of some little town like Coleman. Still has a lot of that yesteryear atmosphere to it.

If you have occasion to stop into Central Valley Guns in Selma (or have friends or relatives in the area) I was highly impressed and would recommend them.

All of what you said sounds pretty accurate. The problem for Californians in regards to CHL is that they are issued by county, not state. So, if one county wants to keep citizens from getting CHL, they come up with ways to do it. However, if the state controlled it, really no one would get a CHL there. Thus, the lawsuit.

[Cedar Park Dad]

Considering this was the Ninth Circuit Court, I was as shocked as the rest of y'all with this decision. In fact, when I read it, I took a peak out the window to see if any hogs had taken wing.

Lets not get our undies in a tizzy. This was just one portion of the full appellate court. The state is already asking for the full appellate court to review. I'd proffer their herb smoking nanny state ways shine through with greater intensity at that point.

[RoyGBiv]

Considering this was the Ninth Circuit Court, I was as shocked as the rest of y'all with this decision. In fact, when I read it, I took a peak out the window to see if any hogs had taken wing.

Lets not get our undies in a tizzy. This was just one portion of the full appellate court. The state is already asking for the full appellate court to review. I'd proffer their herb smoking nanny state ways shine through with greater intensity at that point.

Here is a quote from the current Chief Judge of the 9th Circuit..... Quite the opposite of Nannyism...
Remember, the 9th includes not just CA, but also WA, OR, HI, ID, AK, MT, AZ.. A list that includes some of the most pro-2A States.

All too many of the other great tragedies of history—Stalin’s atrocities, the killing fields of Cambodia, the Holocaust, to name but a few—were perpetrated by armed troops against unarmed populations. Many could well have been avoided or mitigated, had the perpetrators known their intended victims were equipped with a rifle and twenty bullets apiece, as the Militia Act required here. See Kleinfeld Dissent at 5997-99. If a few hundred Jewish fighters in the Warsaw Ghetto could hold off the Wehrmacht for almost a month with only a handful of weapons, six million Jews armed with rifles could not so easily have been herded into cattle cars.

My excellent colleagues have forgotten these bitter lessons of history. The prospect of tyranny may not grab the headlines the way vivid stories of gun crime routinely do. But few saw the Third Reich coming until it was too late. The Second Amendment is a doomsday provision, one designed for those exceptionally rare circumstances where all other rights have failed—where the government refuses to stand for reelection and silences those who protest; where courts have lost the courage to oppose, or can find no one to enforce their decrees. However improbable these contingencies may seem today, facing them unprepared is a mistake a free people get to make only once.

Fortunately, the Framers were wise enough to entrench the right of the people to keep and bear arms within our constitutional structure. The purpose and importance of that right was still fresh in their minds, and they spelled it out clearly so it would not be forgotten. Despite the panel’s mighty struggle to erase these words, they remain, and the people themselves can read what they say plainly enough:

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

The sheer ponderousness of the panel’s opinion—the mountain of verbiage it must deploy to explain away these fourteen short words of constitutional text—refutes its thesis far more convincingly than anything I might say. The panel’s labored effort to smother the Second Amendment by sheer body weight has all the grace of a sumo wrestler trying to kill a rattlesnake by sitting on it—and is just as likely to succeed.

Alex Kozinski, current Chief Judge of the 9th.
http://keepandbeararms.com/silveira/EnBancOrder.pdf" onclick="window.open(this.href);return false; page 5

[The Annoyed Man]

Here is a quote from the current Chief Judge of the 9th Circuit..... Quite the opposite of Nannyism...
Remember, the 9th includes not just CA, but also WA, OR, HI, ID, AK, MT, AZ.. A list that includes some of the most pro-2A States.

All too many of the other great tragedies of history—Stalin’s atrocities, the killing fields of Cambodia, the Holocaust, to name but a few—were perpetrated by armed troops against unarmed populations. Many could well have been avoided or mitigated, had the perpetrators known their intended victims were equipped with a rifle and twenty bullets apiece, as the Militia Act required here. See Kleinfeld Dissent at 5997-99. If a few hundred Jewish fighters in the Warsaw Ghetto could hold off the Wehrmacht for almost a month with only a handful of weapons, six million Jews armed with rifles could not so easily have been herded into cattle cars.

My excellent colleagues have forgotten these bitter lessons of history. The prospect of tyranny may not grab the headlines the way vivid stories of gun crime routinely do. But few saw the Third Reich coming until it was too late. The Second Amendment is a doomsday provision, one designed for those exceptionally rare circumstances where all other rights have failed—where the government refuses to stand for reelection and silences those who protest; where courts have lost the courage to oppose, or can find no one to enforce their decrees. However improbable these contingencies may seem today, facing them unprepared is a mistake a free people get to make only once.

Fortunately, the Framers were wise enough to entrench the right of the people to keep and bear arms within our constitutional structure. The purpose and importance of that right was still fresh in their minds, and they spelled it out clearly so it would not be forgotten. Despite the panel’s mighty struggle to erase these words, they remain, and the people themselves can read what they say plainly enough:

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

The sheer ponderousness of the panel’s opinion—the mountain of verbiage it must deploy to explain away these fourteen short words of constitutional text—refutes its thesis far more convincingly than anything I might say. The panel’s labored effort to smother the Second Amendment by sheer body weight has all the grace of a sumo wrestler trying to kill a rattlesnake by sitting on it—and is just as likely to succeed.

Alex Kozinski, current Chief Judge of the 9th.
http://keepandbeararms.com/silveira/EnBancOrder.pdf" onclick="window.open(this.href);return false; page 5

Bazinga. That there was so full of awesome as to be better than butter-fried bacon.

[johncanfield]

"Courts and state legislatures have long recognized the danger to public safety of allowing unregulated, concealed weapons to be carried in public," Thomas said.

Oh my gosh, mayhem and massacres . What a stupid statement, first of all a concealed handgun license would be uh, regulated. Secondly, bad guys don't give a flip about the laws and carry away, Cook county is the model of this axiom. There are lots of states with concealed carry that unequivocally refute Thomas's statement.

Send in the clowns.