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February 13, 2014

Ninth Circuit, a Generally Liberal-Leaning Appeals Court Often Called "The Ninth Circus," Finds that the Right to Bear (Carry) Arms is Enshrined in the Constitution; The State May Prohibit Open Carry, or Concealed Carry, But Not Both

I am only halfway through the decision, which is linked below.

To sum up, if I botched Gabe's Twitter feed: San Diego County had a rule that, in addition to the acceptable limitations on concealed carry (good moral character (no prison, etc.), a training course, etc.) the Sheriff also required "good cause" to carry, something that indicates the person seeking to carry a gun is outside of the "mainstream" as far his personal level of danger and personal need for self-protection. A generalized claim of the need to protect oneself was not good enough, the Sheriff (and county) said; concealed carry was only permissible if someone could document a particularlized need for self-defense, such has having a restraining order against a threatening third party, or being in discussions with a DA about bringing charges against a potential threatening party, or the like.

Held: That requirement is impermissible. The right of self-defense is enshrined in the Constitution. Citizens of sound moral character applying for a carry license to not have to document or even claim some particularized, outside-the-"mainstream" need for personal self-protection. They have that right generally.

San Diego's policy of requiring a showing for special cause is stricken.

Gabe has digested the outlines of it on Twitter, posting important quotes.

The decision is here.






digg this
posted by Ace at 02:36 PM

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