Friday, February 14, 2014

9th Circuit court strikes down California CCW restriction

9th Circuit court issued a 2-1 decision in Peruta v. San Diego which asked if California's gun laws regarding carry is constitutional or not.

Californians are severly limited when it comes to self defense since LOC(Loaded Open Carry) is illegal and CCW(Carrying Concealed Weapon) is up to the discretion of County Sheriff. Some counties such as Los Angeles, San Francisco, and Orange County effectively ban CCW by not issuing permits saying 'good cause' is insufficient.

What the decision says
This decision from 9th Court ruled that 'good cause' provision violates the 2nd Amendment. Government may specify what mode of carrying(concealed or open) but using regulations to effectively ban by severly limiting both modes is unconstitutional.

Where will this lead to?
If San Diego decides not to pursue the case, they have to issue CCW permits regardless of 'good cause'. However, other requirements such as background check, good moral character, and training are still required since the decision only deals with 'good cause'.

Most likely, San Diego will go for en banc petition before 2/27 deadline. If it is filed, San Diego may be granted to have this heard in front of 11 judge panel of the 9th Circuit

Regardless of who wins or looses it is likely the losing side may take it all the way to the Supreme Court of the US since 2nd, 3rd and 4th Circuit have different opinion on similar manner.

If SCOTUS agrees with 9th Circuit's decision('good cause' is unconstitutional) then San Diego and California could drag their feet like Illinois. This ruling will not have immediate effect but the result seems like it is heading towards striking unconstitutional restrictions.