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Appeals Court rules California’s anti-concealed carry law is unconstitutional

February 13, 2014

 Earlier today the Ninth Circuit Court of Appeals, by a 2-1 vote, ruled that San Diego County’s law making a concealed carry permit harder to obtain was unconstitutional.

The court ruled that the right to keep and bear arms is, in and of itself, a sufficient cause for bearing arms for self-defense. Moreover, it is a sufficient cause both inside and outside of one’s domicile. 

According to SFGate, Judge Diarmuid O’Scannlain’s majority opinion emphasized “the right to bear arms includes the right to carry an operable arm outside the home for the lawful purpose of self-defense.”

He said the Second Amendment must be read as including “the right to carry weapons outside the home” because “the risk of armed confrontation” is in no way limited to one’s home. He supported his points by citing the examples of “a woman toting a small handgun in her purse as she walks through a dangerous neighborhood or a night-shift worker carrying a handgun in his coat as he travels to and from his job site.”

  Chalk up a small victory for the law abiding gun owners of California but this battle is not over because this is sure to be appealed by the gun grabbers.

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10 Comments leave one →
  1. February 13, 2014 8:13 pm

    Reblogged this on Brittius.com.

    Like

  2. February 13, 2014 8:15 pm

    Reblogged this on U.S. Constitutional Free Press.

    Like

  3. February 13, 2014 9:01 pm

    The ninth circuit no less!

    Like

    • February 13, 2014 9:38 pm

      I know! Hard to believe, isn’t it? Perhaps thing are finally turning in our favor.

      Like

      • Chip permalink
        February 14, 2014 12:14 am

        That’s what I thought too. The Ninth? I went and read the decision and whats really eye opening is that they codified “to bear arms” as meaning to carry a weapon outside the home for purposes of self defense. I almost fell out of my chair!

        Like

      • February 14, 2014 6:27 am

        Every once in awhile we win won!

        Like

  4. Bruce permalink
    February 15, 2014 12:41 pm

    Nobody was more shocked than me, but I don’t expect this to change anything. Permits are only issued after a “through” review, not by right. The Sacramento County Sherif reviews all applications, but he says “budget” only allows for a “small” staff for review. Right now the wate is 2 years. With the court rulling, I expect that wate time to double or tripple giving the “gun takers” lots of time to change the laws.

    Like

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