imfdb.org  

Go Back   imfdb.org > The Forum > Off Topic

Reply
 
Thread Tools Display Modes
  #1  
Old 02-13-2014, 10:17 PM
Jcordell Jcordell is offline
Formerly "Checkman"
IMFDB Admin
 
Join Date: Nov 2008
Location: Idaho
Posts: 929
Default Surprise decision by the 9th Circuit

If you live in the northwestern United States you have at least some knowledge about the Federal 9th Circuit Court in San Francisco. As a cop in Idaho that court drives us crazy. Probably one of the most liberal and overturned Federal courts in the country. Well here is a decision as of today that I didn't see coming.

By: PAUL ELIAS (AP)
SAN FRANCISCOCopyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
37.7749-122.419

SAN FRANCISCO (AP) — A divided federal appeals court on Thursday struck down California's concealed weapons rules, saying they violate the Second Amendment right to bear arms.

By a 2-1 vote, the three-judge panel of the 9th U.S. Circuit Court of Appeals said California was wrong to require applicants to show good cause to receive a permit to carry a concealed weapon.

"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 wrote for the majority.

Judge Sidney Thomas dissented, writing that the good cause requirement limited the number of people carrying concealed handguns in public to those legitimately in need.

"It limits the risk to public safety by reducing the number of guns in public circulation, but allows those who will most likely need to defend themselves in public to carry a handgun," Thomas wrote.

Awarding concealed weapon permits is the responsibility of each of California's 58 counties. Officials are required to follow the state rules requiring applicants to show good cause and moral character.

The San Francisco-based appeals court said those requirements were too strict and ran afoul of a 5-4 landmark U.S. Supreme Court ruling in 2008 that struck down a Washington, D.C., handgun ban and said law-abiding citizens are allowed to have handguns in their home for self-defense.

The appeals court on Thursday reinstated a lawsuit filed in 2009 by Edward Peruta, who challenged San Diego County's denial of a concealed weapons permit.

The ruling on Thursday also disagreed with three other federal appeals courts that have upheld permit rules similar to the one in California.

The U.S. Supreme Court often takes cases when federal appeals courts issue conflicting rulings
Reply With Quote
  #2  
Old 02-14-2014, 02:36 AM
Excalibur's Avatar
Excalibur Excalibur is offline
IMFDB Admin
 
Join Date: Nov 2008
Location: USA
Posts: 3,790
Send a message via AIM to Excalibur Send a message via MSN to Excalibur Send a message via Yahoo to Excalibur
Default

So Commifornia is going to become a Shall issue state?
__________________

"There's a fine line between not listening and not caring...I like to think I walk that line everyday of my life."

Blessed be the LORD, my rock, Who trains my hands for war, And my fingers for battle
Psalm 144:1

“It is always wrong to use force, unless it is more wrong not to.”
Reply With Quote
  #3  
Old 02-14-2014, 02:31 PM
Jcordell Jcordell is offline
Formerly "Checkman"
IMFDB Admin
 
Join Date: Nov 2008
Location: Idaho
Posts: 929
Default

Yeah doubtful, but it was still a surprising decision. That's for sure.
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT. The time now is 12:23 PM.


Powered by vBulletin® Version 3.8.0
Copyright ©2000 - 2019, Jelsoft Enterprises Ltd.