CitizenBBN
02-13-2014, 08:45 PM
http://www.foxnews.com/us/2014/02/13/calif-concealed-weapon-law-tossed-by-fed-appeals-court/
9th Circuit, based in San Fran btw, voted 2-1 that the Cali standard of having to prove "need" for a concealed carry permit is unconstitutional. This is in direct conflict with the 3rd, which just ruled New Jersey's need stipulation was constitutional.
FWIW 19 states including most of those we live in on this board have joined to file a brief with SCOTUS urging they take up the New Jersey case and overturn the 3rd's decision. Pro gun states are worried that if "need" is constitutional theoretically the federal government could try to pass a national law requiring need and override state autonomy in these matters. That and they're pro gun politicians in pro gun states.
I think SCOTUS may pick this one up. THey often punt on hot issues, but with Heller and Macdonald already under their belts, firmly establishing the 2nd amendment is about the individual and his right to self defense, I can see them taking this on even though so far they've limited cases to having guns in the home.
Right now as Coastie can testify, in the blue counties it's nearly impossible to get a carry permit, whereas in red counties you can often (though not always) get one. In Jersey it's a statewide issue. The New Jersey case is also a great one for them to take up b/c the person suing the state has a job reloading and repairing ATM machines who was denied a permit b/c he couldn't prove need under Jersey law. He has to carry large amounts of cash and could easily be stalked or targeted, so he's got a sympathetic case for need already, that's an ideal case for them to take up b/c by ruling in his favor they don't look unreasonable.
Ought to be very interesting.
9th Circuit, based in San Fran btw, voted 2-1 that the Cali standard of having to prove "need" for a concealed carry permit is unconstitutional. This is in direct conflict with the 3rd, which just ruled New Jersey's need stipulation was constitutional.
FWIW 19 states including most of those we live in on this board have joined to file a brief with SCOTUS urging they take up the New Jersey case and overturn the 3rd's decision. Pro gun states are worried that if "need" is constitutional theoretically the federal government could try to pass a national law requiring need and override state autonomy in these matters. That and they're pro gun politicians in pro gun states.
I think SCOTUS may pick this one up. THey often punt on hot issues, but with Heller and Macdonald already under their belts, firmly establishing the 2nd amendment is about the individual and his right to self defense, I can see them taking this on even though so far they've limited cases to having guns in the home.
Right now as Coastie can testify, in the blue counties it's nearly impossible to get a carry permit, whereas in red counties you can often (though not always) get one. In Jersey it's a statewide issue. The New Jersey case is also a great one for them to take up b/c the person suing the state has a job reloading and repairing ATM machines who was denied a permit b/c he couldn't prove need under Jersey law. He has to carry large amounts of cash and could easily be stalked or targeted, so he's got a sympathetic case for need already, that's an ideal case for them to take up b/c by ruling in his favor they don't look unreasonable.
Ought to be very interesting.