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California "May Issue" Ruled Unconstitutional


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#31 THE KING

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Posted 13 February 2014 - 02:08 PM

Thanks Skinny for your post #27.

After reading that post I just had to laugh a little. Why, cause what was in the written opinion is what WE already know to be true. It just amazes me that we as non judges, non lawyers and non constitutional scholars have such a good understanding of the second amendment and others don't.

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#32 skinnyb82

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Posted 13 February 2014 - 02:09 PM

San Diego will petition for en banc, and the odds of en banc being granted are rather high as are the odds of this ruling being overturned on en banc. It would behoove San Diego to not push this any further because this, along with Moore, creates a circuit split like none other especially with Judge O'Scannlain's ripping of the Second, Third, and Fourth Circuits' analysis and conclusions in Kachalsky, Drake, and Woollard. For all intents, he stated that they applied rational basis and called it intermediate scrutiny. The silver lining is that Judge Kozinski's term as Chief Judge isn't up til October so he automatically sits on en banc panels. If it is overturned, he will write a scathing dissent which will definitely attract the attention of the Justices.
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#33 miztic

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Posted 13 February 2014 - 02:11 PM

The opinion was a great read, thanks for posting that Skinny!
2014 is going to be one heck of a year for gun rights :)

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#34 Jefferson24

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Posted 13 February 2014 - 02:29 PM

If they don't request en banc it shouldn't take anytime at all to make the change. They already have the system in place and I assume they do grant a few of these licenses now don't they? (unlike Hawaii) I am guessing they fight this though.

#35 colt-45

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Posted 13 February 2014 - 02:41 PM

good read. 2014 here we go.

#36 Matt B

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Posted 13 February 2014 - 02:43 PM

I don't see any reason why San Diego wouldn't request en banc. At the very least we will have to wait for that

#37 gearsmithy

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Posted 13 February 2014 - 02:45 PM

Posted Image

#38 Bob Lee Swagger

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Posted 13 February 2014 - 02:56 PM

so open carry it is.

#39 jagt48

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Posted 13 February 2014 - 03:06 PM

so open carry it is.


I doubt that. I think the thing these types of people hate more than the idea of people carrying guns is actually seeing people carry guns. It didn't take them long to ban open carrying unloaded pistols when people were protesting the restriction on carrying loaded.

#40 BShawn

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Posted 13 February 2014 - 03:08 PM

OMG this is GREAT!@
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~ Licensed to carry since 2008
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~ IL CCL 75 days from application to in hand!
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~ I'm not the "bad guy" here, I just want to be able to defend myself and my family. Anywhere I should be permitted to carry a pencil (1st amendment), I should also be able to carry a firearm (2nd amendment) !!!!!!!!!!
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"Why do I carry a handgun? Well, look at it this way -- I keep a fire extinguisher in my house. I don't expect to have a fire; indeed, it's highly unlikely. But in the unlikely event of fire, not having the means to stop the fire could result in serious property loss or personal injury to myself and my family. Neither do I expect to be a victim of violent crime; indeed, it's highly unlikely. But in the unlikely event of a violent crime, not having the means to stop the criminal could lead to serious property loss or personal injury to myself and my family. It is simply a matter of common-sense prudence."
GarandFan, 2007
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Drawing any line only restricts law abiding people from crossing such a line. The "line" doesn't exist for criminals so we have to support the second amendment.
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#41 BShawn

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Posted 13 February 2014 - 03:15 PM

May want to conduct a well being check on Dianne Feinstein, make sure she didn't go into cardiac arrest.
9ga62or.jpg
~~~~~~~~~~~~~~~~~~~~
~ Licensed to carry since 2008
~~~~~~~~~~~~~~~~~~~~
~ IL CCL 75 days from application to in hand!
~~~~~~~~~~~~~~~~~~~~
~ I'm not the "bad guy" here, I just want to be able to defend myself and my family. Anywhere I should be permitted to carry a pencil (1st amendment), I should also be able to carry a firearm (2nd amendment) !!!!!!!!!!
~~~~~~~~~~~~~~~~~~~~
"Why do I carry a handgun? Well, look at it this way -- I keep a fire extinguisher in my house. I don't expect to have a fire; indeed, it's highly unlikely. But in the unlikely event of fire, not having the means to stop the fire could result in serious property loss or personal injury to myself and my family. Neither do I expect to be a victim of violent crime; indeed, it's highly unlikely. But in the unlikely event of a violent crime, not having the means to stop the criminal could lead to serious property loss or personal injury to myself and my family. It is simply a matter of common-sense prudence."
GarandFan, 2007
~~~~~~~~~~~~~~~~~~~~
Drawing any line only restricts law abiding people from crossing such a line. The "line" doesn't exist for criminals so we have to support the second amendment.
~~~~~~~~~~~~~~~~~~~~
"The only thing that will stop a bad guy with a gun, is a good man with a gun"
~~~~~~~~~~~~~~~~~~~~

#42 Sigelitedark

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Posted 13 February 2014 - 03:16 PM

I wonder if this will make its way to SCOTUS. Has anybody informed Dart that "May issue" is unconstitutional?

It does seem that Dart has a "May Issue" attitude.

Under board review myself

#43 Sweeper13

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Posted 13 February 2014 - 03:17 PM

<<<

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#44 Cain8768

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Posted 13 February 2014 - 03:23 PM

It will be interesting if Hawaii gets pulled into this as well. They are covered by the 9th!

#45 defaultdotxbe

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Posted 13 February 2014 - 03:26 PM

It will be interesting if Hawaii gets pulled into this as well. They are covered by the 9th!

The ISP's ploy to prevent anyone from having a non-resident permit may backfire lol

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#46 kurt555gs

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Posted 13 February 2014 - 03:28 PM

Another time.

Good luck California.

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Edited by kurt555gs, 13 February 2014 - 06:46 PM.

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#47 Matt B

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Posted 13 February 2014 - 03:38 PM

San Diego has already declared they will seek en banc review. Lets hope that is denied...

#48 ming

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Posted 13 February 2014 - 03:40 PM

San Diego has already declared they will seek en banc review. Lets hope that is denied...

That would be very unlikely.

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#49 skinnyb82

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Posted 13 February 2014 - 03:46 PM

Guam and the Marianas fall under the jurisdiction of CA9 and Guam has a statutory ban on carry. This will be interesting. I'll keep my eye on the Peruta docket. The three cases, Baker v. Kealoha (Hawaii RTC) Richards v. Prieto (CA RTC) and Peruta v. San Diego (CA RTC) and the Court was holding McKay (another may issue challenge) until Baker/Richards/Peruta were ruled on.

Let me paint a very disgusting picture for everyone. Peruta's notice of appeal was filed in December, 2010. Richards' was filed in May of 2011. Baker's NOA was filed in June 2012. Oral arguments for these three took place in December 2012. The median time from NOA to disposition in CA9 is 15 months give or take a few days. Contrast that with CA7 where the Moore and Shepard NOAs were filed in February and April of 2012, orals a few months later, opinion and order in December 2012.

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#50 BigBarnacles9mm

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Posted 13 February 2014 - 03:53 PM

These are exciting times in the kingdom!

#51 kurt555gs

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Posted 13 February 2014 - 04:05 PM

This is a good thing.

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#52 foxriver6

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Posted 13 February 2014 - 04:40 PM

How cool is this!!!! Feinstein has to be ready to explode!

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#53 TyGuy

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Posted 13 February 2014 - 04:43 PM

boo hoo
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#54 xd9subcompact

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Posted 13 February 2014 - 04:45 PM

OK, now the spoiler. Since this was a may issue law, was there a statutory time table that requires a permit to be issued by a certain number of days once an application is received? Like we have in IL?
If not, they could drag this on by taking their good old time to issue. It would take another trip though the courts to get that resolved.
Plus it looks like these CA permits are good for 2 years and cost $300 by the time its all said and done.

Edited by xd9subcompact, 13 February 2014 - 04:49 PM.


#55 TyGuy

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Posted 13 February 2014 - 04:49 PM

^yeah, we need a SCOTUS ruling that it is a right so that we can begin push back on training requirements, fees, banned locations, etc....
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#56 kurt555gs

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Posted 13 February 2014 - 04:54 PM

Right? Concealed carry permit a RIGHT?

look at South Carolina if you want to talk about regaining rights.

In California this is just a better permission slip.

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Edited by kurt555gs, 13 February 2014 - 04:55 PM.

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#57 Mr. Fife

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Posted 13 February 2014 - 04:54 PM

Wow, Californians may get their permits before we do.

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#58 xd9subcompact

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Posted 13 February 2014 - 04:54 PM

I notice in what I read was they didn't say it wasn't ok to burden permit holders, just that it wasn't ok to deny them.

#59 TFC

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Posted 13 February 2014 - 04:55 PM

I need a cigarette..... that was good for me... :hyper: :afro: :Drunk:
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I predicted that Chicago/Cook county will be sold out in order to get "shall issue".
Based on the restrictions on carry in Chicago/Cook County, I was right.

...doing just enough to keep them out of Federal Court...

#60 Riverpilot

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Posted 13 February 2014 - 05:06 PM

As was stated previously, if the supreme court does take this up, it needs to be done now. 1 more liberal judge, and things could very well go the wrong way. You know, the judges who think that other countries constitutions should be considered when ruling on our constitution? Ya...