Ninth Circuit overturns California gun law

Posted by: Phineas on February 13, 2014 at 3:38 pm

**Posted by Phineas

law constitution bill of rights

When even the liberal 9th Circuit Court of Appeals says progressive gun-grabbers have gone too far, it’s something to take note of:

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.” The Ninth Circuit thus joins the Seventh Circuit, and disagrees with the Second, Third, and Fourth Circuits. (State courts are also split on the subject.)

“Shall issue” vs. “may issue” has been a big bone of contention among gun rights advocates here in California, as high-handed county sheriffs and city police chiefs have used the distinction to deny otherwise law-abiding citizens their right to carry a weapon.

Given the differences between the various circuit courts, expect this one to go to the federal Supreme Court.

PS: The Washington Post genuinely upgraded the paper by letting Ezra Klein go and adding Prof. Eugene Volokh, founder of The Volokh Conspiracy.

via PJM.

RELATED: More analysis. What next?

(Crossposted at Public Secrets)

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3 Responses to “Ninth Circuit overturns California gun law”


  1. Drew the Infidel says:

    This issue has been before the courts many times with the rulings saying private citizens have the right to self-defense, resistance to oppression, and a civic duty to act in concert in defense of the state. Though the first Ten Amendments, the “Bill of Rights” apply to the federal government, the court has ruled the Fourteenth Amendment extends those rights to apply to local government.

    Even our enemies are aware of these precepts. During WWII, Japanese Admiral Yamamoto warned his government against staging an amphibious assault on the West Coast, saying, “There will be a gun behind every blade of grass.”

    It is better to have a gun and not need it than to need a gun and not have it.

  2. Tango says:

    ….I am amazed that the 9th Circus has ruled as they did in this case. Rather out of character for them. And it sure won’t sit well with Barry and his minions.

    Score one for the Bitter Clingers!

  3. Liz says: make me laugh!