madsend81
Member
^ I like it, but don't get to far ahead of yourself yet.
That goes. 'Personal safety' would become sufficient 'good cause'.The San Diego County policy specifies that concern for “one’s personal
safety alone” does not satisfy the “good cause” requirement for issuance of a
permit. Instead, an applicant must demonstrate that he suffers a unique risk of
harm: he must show “a set of circumstances that distinguish [him] from the
mainstream and cause[] him . . . to be placed in harm’s way.” Given this
requirement, the “typical” responsible, law-abiding citizen in San Diego County
cannot bear arms in public for self-defense; a typical citizen fearing for his
“personal safety”—by definition—cannot “distinguish [himself] from the
mainstream.”
And then there will be the San Francisco and Los Angeles and State of California following suits claiming 'oh, but we are special ...'. One can hope those will be slapped down hard.
We are well aware that, in the judgment of many governments, the safest sort of firearm-carrying regime is one which restricts the privilege to law enforcement with only narrow exceptions. Nonetheless, “the enshrinement of constitutional rights necessarily takes certain policy choices off the table. . . . Undoubtedly some think that the Second Amendment is outmoded in a society where our standing army is the pride of our Nation, where well-trained police forces provide personal security, and where gun violence is a serious problem. That is perhaps debatable, but what is not debatable is that it is not the role of this Court [or ours] to pronounce the Second Amendment extinct.” Id. at 636. Nor may we relegate the bearing of arms to a “second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees that we have held to be incorporated 76 into the Due Process Clause.” McDonald, 130 S. Ct. at 3044.
I'll need to read everything when I get home.
Between IL, DC, and now CA, anyone who says that any state is a lost cause is a defeatist and was never 100% committed to the fight to begin with.
This has serious POSITIVE National implications and should put more pressure for SCOTUS to take a case and there is a reasonably good chance that the entire Country can become "shall issue" or must allow open carry.
Yes, "CA got what they deserved". Look at my sig on how they did it.
But... there is a potential downside here. The Supreme Court is GOING to have to grant cert somewhere now... too divided amongst districts.
Courts have generally been less than patient, no matter the issue, when someone drags their feet after the dust settles.Where is the statutory deadline for issuance of a permit once the application is made? Looks to me like it could take an indefinite amount of time to actually get the permit. Also I see the permits are good for 2 years and cost $100 plus the training, extra fees, etc.
Get the right to keep and bear arms in your state constitution. This will stop the California legislature from passing bad laws and nullify most of the current laws. You'll still have to hold them to it, but why not add a "bad law prevention" clause. Something to the effect of: any legislator creating or supporting a bill that violates the "California Second Amendment equivalent" is guilty of a felony punishable by not less than 20 years hard time, no parole. You'll still have to hold them to it, but that is much easier to do when you can point to a constitutional violation.
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San Diego could seek "en banc" review by a larger, 11-judge panel of the 9th Circuit appeals court. And if that is denied, or if either side chooses to appeal the larger panel's ruling, the case could go to the U.S. Supreme Court..
Pssst... CA did point to a constitutional violation. The 2A. Remember the 2A.... the 2A that SCOTUS already ruled that it applied to the states?
Hmmm...I do not want to take this off topic into the types of citizenship and the limited citizenship granted by the 14th Amendment.
So, let's just gloss that over. In that case, why are most of the California laws still active? Challenging every one of them will take a few centuries...