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“Shall Issue” Concealed Carry Coming to California?

Earlier today, the Ninth Circuit released its decision in Peruta v. San Diego, affirming the right of California citizens to carry handguns for lawful protection outside of the home.

Historically, California has been what is commonly referred to as a “may issue” state, in that citizens had to show “good cause” in order to be issued a concealed carry permit. The problem with this system is of course that most citizens couldn’t show “good cause” in the eyes of the court. The decision today will hopefully pave the way for California to join the ranks of “shall issue” states.

California law has a process for applying for a permit to carry a handgun for protection in public, with requirements for safety training, a background check, and so on. These requirements were not challenged. The statute also requires that the applicant have “good cause,” which was interpreted by San Diego County to mean that the applicant is faced with current specific threats. (Not all California counties have this narrow interpretation.) The Ninth Circuit, in a 2-1 opinion written by Judge O’Scannlain, ruled that Peruta was entitled to Summary Judgement, because the “good cause” provision violates the Second Amendment.

The Court ruled that a government may specify what mode of carrying to allow (open or concealed), but a government may not make it impossible for the vast majority of Californians to exercise their Second Amendment right to bear arms.

Washington Post

15 Responses to “Shall Issue” Concealed Carry Coming to California?

  1. dgdimick February 13, 2014 at 1:43 pm #

    damn. is the tide turning? wonder how long before this gets to go to a higher court.

  2. HillBilly Bob February 13, 2014 at 1:50 pm #

    Damn there will be an earthquake in Cali after all the libtards start trembling at the same time over this ruling

  3. Albee February 13, 2014 at 1:50 pm #

    It’s a shame I won’t be around to enjoy a tiny slice of freedom

  4. Jake February 13, 2014 at 1:51 pm #

    Good for you Cali – maybe there’s hope for y’all afterall.

  5. fish February 13, 2014 at 1:58 pm #

    Pinch me. I must be dreaming.

  6. Chris Knowles February 13, 2014 at 2:21 pm #

    Although a great step and exciting as a former resident of cali, but requiring a permit to carry by any law abiding mentally sound individual is still bs in my opinion….I’m sure they’ll come up with another constitutional side step. However, if you have to hold a permit, get er done before they strip away that chance!

  7. John Galtwell February 13, 2014 at 3:42 pm #

    Well maybe I can move back someday, but they’ll have to fix their so-called “assault rifle” rules too. With those changes, I just might be able to tolerate the traffic again.

  8. Singlestack February 13, 2014 at 3:46 pm #

    Of course, since they have banned many common firearms, they will have to carry a slingshot.
    Only 1 round allowed…

    • dgdimick February 13, 2014 at 6:56 pm #

      you’ve got a point there.

  9. Ready & Waiting February 13, 2014 at 4:56 pm #

    I hope the ruling holds. While concealed carry shouldn’t require any permit or license, I’ll gladly do the paperwork if this holds out.

  10. Bob February 13, 2014 at 5:04 pm #

    There is No Real Advantage to Open Carry…. Well what I mean is the “Surprise” is gone!

  11. Bob February 13, 2014 at 5:06 pm #

    Better to have Open Carry vs No Carry….. lol

  12. Ed February 14, 2014 at 2:31 pm #

    Does anyone know how long this will take to go into affect? I live in Cali and felt almost istantly releaved just by reading this, I said “God Bless America” there might still be hope for us…

    • dgdimick February 14, 2014 at 3:01 pm #

      Unless there’s an injunction filed to delay the ruling, I’d say it’s effective the date the court published their ruling.

      I’m not a lawyer – But I did watch one on TV once.

  13. MarkOwen February 17, 2014 at 1:16 pm #

    Good luck with that! My brother lived in Ca. Huntington Beach area. 20 years. Finally moved back to Mi. where things make sense as far as gun ownership goes. The land of Tremors and Fruits and Nuts will never go for regular law abiding citizens to carry a weapon. Concealed or not. Thank all the retarded lawmakers Californians elected and crooked lawyers who pracrtice law there.

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