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Calif. Must Permit Lawful Concealed Carry

February 13, 2014  | 

Photo: POLICE File
Photo: POLICE File

California must allow law-abiding citizens to carry concealed firearms in public, a federal appeals court ruled Thursday, striking down the core of the state's permit system for handguns, reports the San Francisco Chronicle.

In a 2-1 decision, the Ninth U.S. Circuit Court of Appeals in San Francisco said San Diego County violates the Constitution's Second Amendment by requiring residents to show "good cause" - and not merely the desire to protect themselves - to obtain a concealed-weapons permit.

State law requires applicants to demonstrate good cause, as well as good moral character, to carry concealed handguns, while leaving the permit process up to each city and county. The ruling, if it stands, would require local governments to issue permits to anyone who claims a need for self-protection.

"The right to bear arms includes the right to carry an operable firearm outside the home for the lawful purpose of self-defense," said Judge Diarmuid O'Scannlain in the majority opinion.

Tags: Concealed Carry, California Legislation, California


Comments (40)

Displaying 1 - 40 of 40

Federali @ 2/13/2014 3:48 PM

I must be dreaming......... the "Ninth Circus" finally got something right!!!!

Brian @ 2/13/2014 3:49 PM

This...from the 9th Circuit?! How'bout that!

Chuck @ 2/13/2014 3:49 PM

Little by little we'll get our gun rights back. Up your a** Frankenstein

Rick @ 2/13/2014 3:50 PM

This is a step in the right direction; now they just need to make this happen at the state level and take it out of the hands of the local jurisdictions. With the 'good character' part being met by passing a state and federal arrest record, they can speed up the process and generate revenue for the state. They have numerous states to model it on; VA, TX, FL just to name a few. Criminals will be put on notice that citizens are protecting themselves and when more criminals are being let out and LE assests are being cut, crime will be reduced.

Chicago Sam @ 2/13/2014 3:51 PM

The desire to protect yourself, your family and property IS good cause.

Teemus @ 2/13/2014 4:18 PM

Here in the People's Republik of Marylandistan, Chairman O'Malleyvitch and his politburo just finished implementing the worst, most restrictive, and least effective feel-good "gun control" law in U. S. history. We also have this same problem with our CCW permit program. Applicants (with a few exceptions) must demonstrate that they have a "good and SUBSTANTIAL (emphasis added) reason" for obtaining a permit. Even though I am not a LEO, I have such a permit. The law here in the People's Republik of Marylandistan is so vague and useless that when I got my permit I called Chairman O'Malleyvitch's Keystone Kops (otherwise known locally as the MD State Police) to find out where I COULD NOT carry. The SGT I spoke with could not find anything in the law that describes this. I called the Baltimore County State's attorney and they could not find it either. So other than in courtrooms, airports, and federal facilities we are WIDE OPEN. How's that for "gun control"?

TheRookie @ 2/13/2014 4:39 PM

Federal Court in New York ruled almost the same today, too. The wheels appear to be falling off the cart of the Muslim of Dis-Belief, Ag Erik` Von With-Holder of the Dept. of No-Justice, Nanny Buffoon Blumberg, Mark "Smelly" Kelly, and Crew. SCOTUS will definitely have the final say.

Boston @ 2/13/2014 4:40 PM

Three cheers for Kalifornia! Maryland the worst state going for gun laws. I read an article a few months ago in Soldiers Of Fortune regarding gun owners, the Governor and the Maryland State Police. The article had nothing nice to say about the State Police and their aggressive tactics toward law-abiding citizens. Hopefully the Governor will be out in a few years. I find it strange that the Law Enforcement and law-abiding citizens get into it over such minor infractions. The real crime problems go unaddressed.

HBH @ 2/13/2014 4:52 PM

Can you imagine having scum like feinstein,boxer,and pelosi deciding what "just cause" is to carry concealed in California ? The Second Amendment is all the "just cause" you need to demonstrate to carry concealed in California,...anywhere in California !

Capt. Crunch @ 2/13/2014 4:54 PM

Great now watch the crime rate go down, love it.

Trigger @ 2/13/2014 5:12 PM

Excellent ruling.

ssc1911 @ 2/13/2014 5:20 PM

New Jersey is no better that Maryland with regards to its strict gun laws.
In December 2013 the State courts upheld NJ's strict gun law, justifiable need to legally carry a handgun for protection. law abiding citizens have to show a need to legally carry here. It is a joke, Good to see that Califonia now has to allow citizens to legally carry. With that happening the laws regarding self defense need to be changed in favor of the law abiding citizens protecting themselves or family from harm, bad guys etc. If the shooting is justified there should also be law that the law abiding citizen cannot be sued by the defendants relatives for a wrongful death.

kevcop @ 2/13/2014 5:29 PM

Great! Wonderful, I agree its hard to believe that the 9th circus got it right, still 1 idiot voted badly. CA joins AZ in being a gun freedom state. I think here in Az its a bit too lienient (ANYONE can carry concealed unless crazy or felon) without ANY TRAINING! NO PERMIT, NO CCW NO INSURANCE NO NOTHING! But rather error on the side of freedm then restriction. Good job by the 9th circuit. As a LEO I do not fear armed citizens, just armed criminals.

SFShep @ 2/13/2014 5:38 PM

I was awestruck when I read this article! Finally CA my finally be on the road to becoming one of the "shall-issue" states!

While it will take a while to implement this decision as the defendants in this case (San Diego) have asked for an 11-judge panel to review the decision (and if they don't get their way will probably appeal to SCOTUS), the writing is on the wall:

"California, your hyper-liberality can only go so far before the courts step in and say 'Enough!'"

uslawman1983 @ 2/13/2014 6:11 PM

In the immortal words of Det. John McClane, "Fu@kin' California!"

Jack Betz @ 2/13/2014 6:42 PM

CAN I GET AN AMEN BROTHERS, CAN I GET A HALLELUJAH. CAN I GET A PRAISE GOD, CAN I GET A GLORY.

Dan B @ 2/13/2014 6:46 PM

As a law enforcement officer, this puzzles me. Pass a background check and show good cause and you get a CCW. Do I really want to go 10-8 knowing there are several people out there armed? I understand the 2nd amendment issue, but, citizens will become embolden and want to point their gun at everyone. Then the bad guys point their guns back and people end up dead. Or, joe citizen tries to help out the LEO during a confrontation. Now you as the LEO have to wonder what this guy is going to. Is he trigger happy, does he have any training, etc. I guess I will just wait and see how this pans out

Dan Larson @ 2/13/2014 6:47 PM

Great news, but since I'm one of the lucky one who made it over the Kalifornia WALL and into two different gun friendly states. I can only hope since my entire inlaw family lives there still that at some point it could lead to reciprocity!

Ima Leprechaun @ 2/13/2014 6:53 PM

Now anyone can carry a concealed gun and right up until they pull that trigger they will have not broken one law. Heck of a time to find out they have been off their medication.

rocky @ 2/13/2014 6:53 PM

I hope they go after LA where it is beginning to look like only the bad guys are allowed to carry.

James Manley @ 2/13/2014 7:48 PM

The current system is extremely crooked, since it is up to Police Chiefs and Sheriffs' whims to decide who they refuse and who they give CCW to. In many cases, the law enforcement brass issues permits to their buddies, politically-connected people, etc. In Los Angeles, newly-hired DA office bureaucrats are given carry permits without any need shown, and without any qualifications or training. County level judges are also given CCWs without any need shown and without any qualifications or training. Judge Ito, the clown who presided over the OJ Simpson murder trial, on one occasion fired a negligent discharge through his chambers wall into the offices of a Public Defender. (Incidentally, prosecutors get CCWs, Public Defenders do not.)

DenPen @ 2/13/2014 7:50 PM

Wow, please tell me that I'm understanding this correctly. Ca finally woke up and realized that guns don't kill people, people kill people!!!!! It's about time that people that are law abiding, can be able to protect themselves. Way to go California! !!!!!!

DK @ 2/13/2014 7:56 PM

@DanB, I am a LEO in a shall issue state (WA), we don't have issues like the ones you bring up. I personally don't have an issue with armed citizens, but it doesn't matter what my personal feelings are, as its our responsibility as LEO to uphold the US Constitution (including the 2nd).

JP @ 2/13/2014 8:27 PM

If the most liberal Circuit Court recognizes the restrictions put on the 2nd Amendment... may be Washington can pull its head out of its 4th point of contact...nah, who am I kidding!

Martin S. @ 2/13/2014 9:57 PM

DanB your fears have been expressed over and over---by the anti-gun groups--- every since FL got the CCW ball rolling many years ago. Over and over these fears have not materialized so maybe it is time to drop that argument and live with the constitution we have. I served over a quarter century in a state where lots of people have CCW and no permit is required for open carry and officers here do not have the problems you describe.

BILL @ 2/13/2014 10:25 PM

HAVE A FRIEND THAT IS A RESERVE DEPUTY SHERIFF. HE SAYS GETTING THE PERMIT JUST LETS THEM KNOW YOU HAVE A GUN>

Louie Enrique @ 2/13/2014 11:05 PM

Congrats Californians. It's you're constitutional rights! Take nothing less. That I am referring to the good citizens. But be prepared for other big crisis and problems involving firearms!

Phil @ 2/14/2014 1:50 AM

IIsm a retired a Leo and I have an LE0SA otherwise known as HR 218 I've visited California and unfortunately had somebody notified the police that I was carrying I was just in a store wasn't doing anything find some milk bread and such they come up behind me Drew down on me and I understand that but when I id myself as a police officer a retired police officer show them my ID they still wanted to arrest me because they're trying to explain to me my permit from Massachusetts doesn't cover me and I'm trying to explain to them what theLEOSA is they weren't having it it wasn't until a Lt who knew about the law was I then free to go but its not a good feeling to be on the other end of those cuffs because someone Is ignorant to the law needless to say I don't visit that state anymore god bless everybody and be safe

Kevin @ 2/14/2014 5:48 AM

@Dan B. While I understand your concerns about going "10-8" and not being able to discern between the lawfully armed good guy and the perp, I urge you to think about this. A traffic stop may be routine or it may not and the driver may speed off at 100 MPH in his vehicle. As an LEO you have learned (I hope) and adhering by your department SOPs how to handle this situation. Most of the states have had a concealed carry allowance for years and have adopted their agencies to work nicely within those laws. The only difference here is that now the state of CA and subsequent LEOs will have to adapt their policies and training accordingly. Unlike my analogy with the traffic stop, this is an adaptation to the residents of CA and their 2nd amendment. I highly doubt you will see vigilante citizens pointing their guns as you say, but rather a balance in power between the good guys and the bad. Remember this. When you go 10-8 with a perp it’s a lot easier to tell the good guy to put his gun down.

Uncle Dave @ 2/14/2014 6:09 AM

9th Circuit said this? I am shocked and/or amazed. Like one user said, having a CCW License just get you on the government's "gun owner's list". Although, it also make ya legal... and that's often a good thing.

Ima Leprechaun @ 2/14/2014 7:01 AM

For "DK" I am on your side concerning lawful minded people but I do know from my own experience that law abiding people do shoot at police officers and sometimes from their own backyard when they decide to play cop and see a guy in dark clothing checking the perimeter of their neighbors house and unknown to them you are responding to a silent or panic alarm. I don't know about your department but mine was not in the habit of calling all the neighbors before we respond to an alarm just to make sure the neighbors don't shoot at us. Also if any of these law abiding people took the time to actually read the 2nd Amendment they will find it does not say what the NRA is telling them. I would much rather the law abiding public call the police as they are supposed to do before they commence a fire fight. I can foresee many instances where an untrained person and in a few instances where a retired trained person would shoot first and ask questions later just because a situation appeared troubling to them and they were afraid. In all honesty, I would rather that they did not have a gun readily at hand and used their cell phone instead.

Ima Leprechaun @ 2/14/2014 7:09 AM

Once fired no amount of wishing or apologizing will bring that bullet back if a mistake is made.

jon @ 2/14/2014 7:11 AM

Awesome!!!

ken @ 2/14/2014 8:25 AM

having a license to carry a gun is like having a drivers license. how many LEO's pulled people over and they flee all because they dont have a license thats the same with a license to carry. How many LEO's ever been in a situation when a bystander saw u strugling with a suspect and they helped control the suspect. how many homicides do LEO's have to investigate knowing if that person had a gun he or she would not have been robbed and murdered, or she would not have been raped and murdered, or these kids would be still alive if a teacher was armed. calling the police is great if u have time but when u r being attacked 911 is not going to help u.

Johnny Law @ 2/14/2014 1:54 PM

As a LEO in VA where we have CCW laws I can tell you that we have had no problems with honest law abiding citizens as Dan speaks of. I hear your concerns but criminals don't abide by the law and get a CCW. Law abiding citizens should be able to protect themselves and carry a weapon concealed for their protection. The foolish people are the ones that walk around openly carrying a firearm. They draw unnecessary attention to themsleves and if there was someone coming in to do harm in a public place they would be the first person shot because they gave up their element of surprise. My only advice to CCW permit holders, get professional training and practice with your carry weapon. Stay safe BLUE!!

Serpico @ 2/14/2014 2:05 PM

Citizens becoming embolden? Like the Founding Fathers? Is that bad? Do we need a King who creates Laws at Will? There are Rights and responsibly for Everyone! That's nothing NEW! Davy Crockett fought against a Mexican dictator, and you don't see the Mexicans thanking him for him giving up his life. Because much of the Illegals drink Kool Aide! I'd rather live in a LTD. Republic than a Communist Hell Hold! I wish the Illegals that love Santa Anna so much, would be put in a Mexican Gulag! The NRA sides with the anti Gun lobby MANY TIMES!The NRA has kissed the Brady campaign's boots!The Right to BEAR ARMS, comes from GOD! Not from petty Kool Aide Drinking LEO's who are the Echo chamber to the Mainstream Media. Look up Operation Mocking Bird! I'd rather have a Citizen to have my back with a Gun, than a Kool Aide drinker that will Report OTHERS to Big Brother the way the Nazi's did! How about Faith in the American people and the Creator. Instead of a Despotic Government?

Serpico @ 2/14/2014 2:14 PM

What the NRA says and what it DOES are two different THINGS! The organization is corrupt and filled with their own version of RINOs! When I hear people say..
Also if any of these law abiding people took the time to actually read the 2nd Amendment they will find it does not say what the NRA is telling them.
Oh yea I'm a stupid NRA drone. I read the freaking BILL OF RIGHTS and the US Constitution. I don't have faith in (D) or (R) because they are Puppets for Bankers and New World Order scum! I'm a Libertarian and believe in INDVIDUAL RIGHTS! This includes the SECOND AMENDMENT! So it's wrong if a "stray bullet" kills an "incent child"?? Everyone cries ? I'm curious if Ima Leprechaun cares about Millions of Abortions for the last two decades? I don't see Left leaning people care? Baby meat is ok, and killers being free from Death Roe. But a person with a gun makes a "mistake" and it's a SIN to the HARD LEFT!! Double Standard/Hypocrisy! CRY ME A RIVER!

Staniel @ 2/14/2014 10:20 PM

Is this the same court that ruled last week that CA must release thousands of criminals from CA prisons as an answer to overcrowding?

EODK9Trainer @ 2/15/2014 3:55 AM

Come on now. Remember this is the 9th Circus. Once heard En Banc I'll wager a reversal. I hope I'm wrong but I don't think so.

ResAgentSWA @ 2/15/2014 11:34 AM

Great ruling but I have a question. What handguns will these people carry? The headline reads, "28 handgun models in common use were removed from the handgun roster by the California Department of Justice since January 28, 2014, and are now unavailable to gun buyers, reports Calguns." With microstamping in place the California DOJ can administratively remove the useable firearms from public availability by ruling them unacceptable in California. This process is a close cousin to the process of restricting ammunition (e.g. banning lead in bullets) thereby driving up the cost of the manufacture of bullets. If you can't afford the ammo or if you can't find an "approved" pistol your right to carry concealed is severely hampered.

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