As a resident of the Peoples Marxist Collective of California, I have long been accustom to California being what basically amounts to a totalitarian police state. The state of California is one of the most unconstitutional states in the entire United states of America when it come to the 2nd Amendment. It’s restrictions on firearms ownership, what you are allowed to own, under what circumstances you are allowed to own them, and what you can do with the ones you do own are among the most unconstitutionally restrictive in the entire nation. Were it up to the Marxism monkeys in Sacramento, no Californian would be able to own any kind of firearm, under any circumstance.
Well, California’s unconstitutional 2nd amendment restrictions just received an enormous kick in the tes… errr… Teeth. The full ramifications of this new Ninth Circuit Court ruling haven’t even begun to be felt yet, but they will no doubt5 be pretty staggering.
SAN FRANCISCO — A federal appeals court decided Thursday that a San Diego restriction on carrying concealed guns in public for self defense infringes on citizens’ 2nd Amendment rights.
In a 2-1 ruling, a panel of the U.S. 9th Circuit Court of Appeals overturned San Diego County permit requirements because the court said they denied responsible, law-abiding citizens the right to carry concealed handguns in public for self-defense.
California generally prohibits carrying guns, whether loaded or not, in public locations.
But residents may apply for a license to carry a concealed weapon in the city or county where they live or work. To obtain licenses in San Diego County, residents must show “good moral character,” complete a training course and establish they have valid reasons for needing the gun.
The court said San Diego’s policy was too restrictive under the 2nd Amendment because it required applicants to show a specific concern for personal safety.
“Given this requirement, the ‘typical’ responsible, law-abiding citizen in San Diego County cannot bear arms in public for self-defense,” wrote Judge Diarmuid O’Scannlain, an appointee of President Reagan. He was joined by Judge Consuelo Callahan, an appointee of President George W. Bush.
In a dissent, Judge Sidney Thomas, a President Clinton appointee, said the majority ruling “upends the entire California firearm regulatory scheme.”
Thomas said the majority had wrongly reasoned that because California bans the open carry of guns in most public areas, it must permit residents to carry concealed handguns in public without having to show specific concerns for personal safety.
In the case before the court, several people who were denied the right to carry a concealed handgun sued the County of San Diego. A judge ruled for the county. Thursday’s 9th Circuit decision overturned the trial judge’s ruling.
While it is entirely possible that the Imbeciles in the San Diego Country District Attorneys Office might make the decision to challenge the Ninth Circuit’s decision and appeal this ruling to the Supreme Court of the United States, that is highly unlikely given the nature and direction of SCOTUS ruling in recent years on the Second Amendment.
While I freely admit that I am neither a Lawyer, nor a Constitutional Scholar (with Constitutional Scholars like Barack Obama, who needs a Constitution, eh?) I submit, that there are probably very few Attorney’s employed by the State of California that have any compelling desire or interest in having the SCOTUS take an in depth look at any of California’s firearms laws. The majority of California’s firearms laws stand to this day precisely because the State of California has thus far managed to prevent the SCOTUS from placing those laws under careful constitutional scrutiny.
For this reason I suspect the State of California will elected to lick it’s wounds on this ruling, and instead go back to Sacramento where the Marxist monkey’s in charge will attempt to pass some new legislation to get around the Ninth Circuit Court’s ruling.
More importantly, I believe that this particular ruling will result in numerous new challenges to California’s other unconstitutional firearms laws.