San Francisco, CA—Today the
Ninth Circuit U.S. Court of Appeals followed recent rulings by The United
States Supreme Court by striking down the California ban on concealed weapons.
In a 127page opinion ruled
that the long standing law that allowed for “may issue” permits was
un-Constitutional.
The stricken aw had given
police official’s absolute power to issue or deny permits to applicants. The permits were almost exclusively issued to
politicians, bureaucrats and heavy political campaign donors in the more
populous jurisdictions.
Appeal is unlikely because of
the SCOTUS McDonald decision that is in fact the law of the land.
That case is what toppled Chicago’s ban.
Illinois officials are currently
issuing thousands of permits to law-abiding citizens.
What this really means is
that if a gun owner is free of felony or domestic violence convictions and is
not mentally ill the current law requiring a permit to conceal a loaded firearm
in their vehicle or on their person is simply unenforceable.
The police may still decide
to make an arrest but the case will eventually crumble in court. At some point
arrestees may be able to sue police for violating their Civil Rights for making
such an arrest.
California will now have to
write a new law that is not in conflict with citizens Second Amendment rights. That law must mandate that permits be issued
freely to qualified gun owners.
If California chooses to not promulgate
a new law there will in effect be no law to regulate concealed weapons. I’m sure they will write something.
Here is the opinion below:
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