Author Topic: 9th circuit COA strikes down CA carry ban!  (Read 3694 times)

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Offline detroit_fan

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9th circuit COA strikes down CA carry ban!
« on: February 13, 2014, 03:29:53 PM »
The court concludes that California’s broad limits on both open and concealed carry of loaded guns — with no “shall-issue” licensing regime that assures law-abiding adults of a right to get licenses, but only a “good cause” regime under which no license need be given — “impermissibly infringe[] on the Second Amendment right to bear arms in lawful self-defense.”

http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/02/13/ninth-circuit-holds-second-amendment-secures-a-right-to-carry-a-gun/


Offline TheQ

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9th circuit COA strikes down CA carry ban!
« Reply #1 on: February 13, 2014, 04:01:03 PM »
Wow -- the 9th circuit! They are pretty liberal/progressive.
I Am Not A Lawyer (nor a gunsmith).

Offline detroit_fan

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Re: 9th circuit COA strikes down CA carry ban!
« Reply #2 on: February 13, 2014, 04:11:52 PM »
Wow -- the 9th circuit! They are pretty liberal/progressive.
Yeah, normally the most liberal. This is going to SCOTUS, we now have 5 COA rulings and it's split 3-2.

found this at sfgate.com-

"O'Scannlain, one of the court's most conservative members, was joined by fellow conservative Connie Callahan in the majority, while liberal Judge Sidney Thomas dissented."


Offline gryphon

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Re: 9th circuit COA strikes down CA carry ban!
« Reply #3 on: February 14, 2014, 04:36:15 PM »
Hitler Reacts to 9th Circuit Ruling on CCW


Offline detroit_fan

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Re: 9th circuit COA strikes down CA carry ban!
« Reply #4 on: February 28, 2014, 11:09:00 AM »
liberal AG of kommiefornia filed and appeal on the lat day, will probably go before the full 9th now and be overruled. unless the spineless SCOTUS decides to weigh in on carry outside of the home, looks like the people of cali will be without a legal method of carry once again.

Offline gryphon

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Re: 9th circuit COA strikes down CA carry ban!
« Reply #5 on: February 28, 2014, 06:48:26 PM »
liberal AG of kommiefornia filed and appeal on the lat day, will probably go before the full 9th now

Maybe, maybe not.  Read this:

Neither the State of California nor the Attorney General’s office were parties in Peruta v. County of San Diego, so they legally cannot appeal.  They’re not a part of the case, so their desires are irrelevant. However, there’s a legal trick found in the Federal Rules of Appellate Procedure that allows certain kinds of parties to ask the court for permission to be added to a case in certain situations (Rule 24)....

Read the rest here:  http://www.thetruthaboutguns.com/2014/02/daniel-zimmerman/ca-ag-harriss-mostly-phony-appeal-announcement/

Offline detroit_fan

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Re: 9th circuit COA strikes down CA carry ban!
« Reply #6 on: March 01, 2014, 11:49:33 AM »
Maybe, maybe not.  Read this:

Neither the State of California nor the Attorney General’s office were parties in Peruta v. County of San Diego, so they legally cannot appeal.  They’re not a part of the case, so their desires are irrelevant. However, there’s a legal trick found in the Federal Rules of Appellate Procedure that allows certain kinds of parties to ask the court for permission to be added to a case in certain situations (Rule 24)....

Read the rest here:  http://www.thetruthaboutguns.com/2014/02/daniel-zimmerman/ca-ag-harriss-mostly-phony-appeal-announcement/
interesting, thanks for the link.  i hope they deny. if they overturn this, SCOTUS is going to have to weigh in, or we can be sure that they will weigh in once the liberals get the majority of the court.