9th circuit flips on Peruta, CCW case

What an incredible display of idiocy and judicial activism.  After this case was decided by a 3-judge panel for the defendent and the plaintiff refused to appeal, the 9th Circuit Court called for an en banc appeal of the case for no apparent legal reason.  The 3-judge panel denied the en banc.  Another judge of the 9th filed an en banc decision on the en banc appeal and gets a 9-judge panel to grant it.  They then allowed Kamala Harris to intervene on the State of CA's behalf to take over as plaintiff when the CA DOJ previously refused to participate in the case.  The en banc panel has finally released their decision after over 2 years of appeal process.

They decided that the 2nd Amendment does not protect a citizen's right to CONCEALED carry.  They then said the U.S. Supreme Court should decide if citizens have any right to carry (open carry) and they would not give an opinion.  CA currently bans open carry.  So once again, CA citizens are prohibited from carrying both openly or concealed. CCW's are again subject to whatever the county Sheriff deems as "good cause" and whatever filtering process they choose.

The issues I have with the court's actions: 1) the 3-judge panel appropriately addressed the de facto gun ban that CA's gun laws have created.  They recognized that open carry is banned and many counties just plain to refuse all CCW applications.  The appeal purposely dances around this.  2) the en banc of the en banc is just ridiculous.  They are second guessing the 2nd opinion of their own judges.  3) the Court agrees with San Diego that part of good cause must show that a person must "distinguish the applicant from the mainstream", meaning the average citizen does not have good cause.

Thoughts from those who have been following this?

Here's a link to the full opinion: http://cdn.ca9.uscourts.gov/datastore/general/2016/06/09/10-56971%206-9%20EB%20opinion%20plus%20webcites.pdf

Fucking ninth...

From the beginning I said that status quo would remain and that open carry would be the way. I still this what will eventually happen.

9th circuit decisions usually get smacked down later. They're nuts and the judicial system knows. Phone Post 3.0

In a way it's forcing the SCOTUSA's hand to make them give a once and for all confirmation of "keep and bear."

Now if only Obama can appoint someone from the 9th circut to the open Justice position, and get the SCOTUSA to rule that "shall not be infringed" doesn't mean what it means.

Or if it depends on what the definition of "is" is.

phydeau - In a way it's forcing the SCOTUSA's hand to make them give a once and for all confirmation of "keep and bear."

Now if only Obama can appoint someone from the 9th circut to the open Justice position, and get the SCOTUSA to rule that "shall not be infringed" doesn't mean what it means.

Or if it depends on what the definition of "is" is.

This election is really a battle for the SC. One open position already and possibly 2 more in the next few years.

and 1000's of Orange County residents just realized the fees they paid to the Sheriffs dept were all for naught. why i never wasted my time trying to get a new CCW when everything got crazy last year, i just knew this was going to happen.

hopefully we get Trump in office and a few conservative judges on the SC so we can settle this shit once and for all.

OriginalTUFer - Isn't it nice when the judiciary makes laws for us. Phone Post 3.0

They are impartial with no bias, how dare you make that accusation!

Love how the libs say this is a victory for public safety... CCW laws have coincided with drops in crime all over the country.

Oh well. This is just the beginning. The Heller decision will be reversed within 2 to 3 years, the ban on semi automatic firearms they disguise as the "assault weapons ban" will pass, concealed and open carry will be done away with. States that don't comply will be completely defunded by the Fuhrer Phone Post 3.0

The court used 14th century British common law to justify restriction of arms. They skipped over U.S. history from the Civil War to the McDonald case, though. LOL.

Ventura County in CA has been giving CCWs to most who apply. I'm in the process now. Phone Post 3.0

Expect that to change this week. I hope not, but....