San Diego Court Rules Against Concealed Carry - NRA to Appeal to 9th Circuit Court

This is a discussion on San Diego Court Rules Against Concealed Carry - NRA to Appeal to 9th Circuit Court within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Lawyers for the NRA, CRPA, and several San Diego citizens have filed an appeal to the US 9th Circuit Court, asking it to overturn a ...

Page 1 of 2 12 LastLast
Results 1 to 15 of 29

Thread: San Diego Court Rules Against Concealed Carry - NRA to Appeal to 9th Circuit Court

  1. #1
    Distinguished Member Array LanceORYGUN's Avatar
    Join Date
    Jul 2010
    Location
    ORYGUN
    Posts
    1,517

    San Diego Court Rules Against Concealed Carry - NRA to Appeal to 9th Circuit Court

    Lawyers for the NRA, CRPA, and several San Diego citizens have filed an appeal to the US 9th Circuit Court, asking it to overturn a ruling made on December 10, 2010 by the United States District Court for Southern California against them. These plaintiffs had filed a federal lawsuit claiming that the rules used by San Diego Sheriff William Gore in restricting the issuing of permits to carry concealed firearms were unconstitutional. The Southern District Court ruled in favor of the Sheriff's Department, and said that its policies were indeed constitutional.

    In the District Court's decision, it determined that the 2nd Amendment rights of the plaintiffs to bear arms was not violated by the denial of the concealed handgun permits. The judge ruled that since California law allows for the open carry of unloaded handguns, that the plaintiffs could still bear arms and thus be able to protect themselves under the 2nd Amendment.

    An Attorney for the NRA argued that California's open carry law provides no reasonable level of protection, and that the open carry of an unloaded handgun is both a risky and ineffective way to defend oneself.

    Will the 9th US Circuit Court support the initial court ruling? Or do you think it might overturn it? Is the open carry of an unloaded handgun sufficient to satisfy the rights that Americans have under the 2nd Amendment? Would you feel safe having to carry your handgun that way?

    This case could potentially make its way to the US Supreme Court. Here is a link to a news report all about it:

    http://www.ammoland.com/2010/12/28/a...pons-policies/


    .

  2. Remove Ads

  3. #2
    VIP Member
    Array ksholder's Avatar
    Join Date
    May 2010
    Location
    Ohio
    Posts
    3,920
    Any judge that thinks unholstering a gun, then a mag, then assembling them together, then racking the slide and getting on target - all while under the stress of a BG having the drop on them makes sense needs their head examIned. But then, many of them do.
    It's the Land of Opportunity, not the Land of Entitlements - Vote America!!!

    "When governments fear the people there is liberty. When the people fear the government there is tyranny." Thomas Jefferson

    You are only paranoid until you are right - then you are a visionary.

  4. #3
    Senior Member Array swinokur's Avatar
    Join Date
    Apr 2009
    Location
    Bethesda, MD
    Posts
    935
    An unloaded handgun certainly cannot be construed as "bearing arms" by and definition I can think of.

    Bearing an empty gun? yup. Where does the 2A say that?

  5. #4
    Distinguished Member Array kelcarry's Avatar
    Join Date
    Nov 2009
    Location
    charleston, SC
    Posts
    1,862
    With all due respects to any California-resident forum members, "may the state of california fall into the ocean and disappear". You now have Jerry Brown as gov, as if he did not do enough last time to destroy the state. You have a debt that someday will probably be everyone else's responsibility and not just yours. You are a selfish, self-centered state who pass legislation by proposition that favors groups of people who are plain nuts. You gave us Nancy. Now you cannot even do the right thing on CC. California can go to yada yada yada. You crap in your own house, go live in it.

  6. #5
    Distinguished Member Array LanceORYGUN's Avatar
    Join Date
    Jul 2010
    Location
    ORYGUN
    Posts
    1,517
    The Federal Judge that ruled in this case was Federal Judge Irma Gonzalez. She was the first female Mexican American to be appointed as a Federal Judge back in 1992, by President George H.W. Bush.

    I can only wonder if she was not appointed more for her sex and ethnicity, rather than her judicial abilities? Is this what happens when you have affirmative action? How on earth could she not show more common sense than this?

    Here is a report about her ruling on the case last month:

    http://onlygunsandmoney.blogspot.com...concealed.html

    In her ruling, Judge Gonzalez also said that the Supreme Court's Heller ruling only applied to possessing firearms inside one's own home, and did not apply to possessing firearms beyond one's own privately owned property. So she said Heller provides no relief at all to grant any constitutionally protected right to carry a concealed firearm.

    The Brady Center did retain lawyers to file friendly arguments to the court. And that was their main argument, that the constituational rights provided by Heller do not extend outside one's home. Here below is part of the argument that the Brady Center attorney made to the court:

    “The people of California have made the reasonable decision to keep people from legally carrying loaded guns in their streets, parks, and businesses, unless law enforcement determines someone has good cause to be armed,” said Brady Center President Paul Helmke. “The Constitution does not require people to be subjected to the grave risks of more loaded guns as they go about their daily lives. The Second Amendment should not be rewritten as a mandate for the gun lobby’s ‘any gun, anywhere, for anybody’ agenda.”


    So you see, it turns out that NONE of us have any constitutionally guaranteed right to carry a concealed handgun.


    .

  7. #6
    Member Array loboleather's Avatar
    Join Date
    Jun 2010
    Location
    Colorado
    Posts
    203
    An unloaded handgun makes:

    A. a reasonably good paperweight
    B. a poorly balanced club
    C. a target of opportunity for thugs.

    The appeal is going to the 9th "Circus" Court of Appeals, having a history as one of the most frequently overturned courts in the US. In another year of so this case will be moving up the judicial ladder.
    Lobo Gun Leather
    serious equipment for serious business, since 1972
    www.lobogunleather.com

  8. #7
    Distinguished Member Array LanceORYGUN's Avatar
    Join Date
    Jul 2010
    Location
    ORYGUN
    Posts
    1,517
    Quote Originally Posted by kelcarry View Post
    You gave us Nancy.
    Actually, its the hippies in San Francisco that give us Nancy.



  9. #8
    VIP Member Array Stevew's Avatar
    Join Date
    Oct 2009
    Location
    Mississippi
    Posts
    3,397
    San Diego used to be kind of normal. It is becoming more like the rest of California. I do not regret leaving. I am sure they do not miss my tax dollars. Vote with your feet.
    Good people do not need laws to tell them to act responsibly, while bad people will find a way around laws. Plato

  10. #9
    VIP Member
    Array OldVet's Avatar
    Join Date
    Nov 2009
    Location
    S. Florida, north of the Miami mess, south of the Mouse trap
    Posts
    16,142
    When D.C. passed its law saying firearms used for home protection had to be disassembled, the S.C. overruled that as unreasonable. Sooner or later, someone will take this CA "unloaded" OC to court and the same logic should apply. But then, there's often little, it any, logic to laws and the courts. In light of the latest S.C. ruling in McDonald vs Chi., banning CC only only opens the door to OC.
    Retired USAF E-8. Lighten up and enjoy life because:
    Paranoia strikes deep, into your heart it will creep. It starts when you're always afraid... "For What It's Worth" Buffalo Springfield

  11. #10
    Member Array patrol's Avatar
    Join Date
    Apr 2009
    Location
    Virginia
    Posts
    400
    The 9th Circuit Court in Northern California is the most wacko liberal assembly in the land. No surprise they rule against the 2nd. Just wait and let it go to the Supreme Court and hopefully our one vote majority will reverse these nuts in the 9th.
    If you can read this thank a teacher. If it is written in English thank a Marine.

  12. #11
    Member Array Back 40's Avatar
    Join Date
    Feb 2010
    Location
    Arkansas
    Posts
    402
    Quote Originally Posted by Stevew View Post
    San Diego used to be kind of normal. It is becoming more like the rest of California. I do not regret leaving. I am sure they do not miss my tax dollars. Vote with your feet.
    I couldn't agree more. I spent 12 years there and I thought these people and this state is crazy. When I had the chance to get out I did. It was one of the best decisions I ever made.

  13. #12
    VIP Member
    Array Hopyard's Avatar
    Join Date
    Jun 2006
    Location
    Disappeared
    Posts
    11,631
    Don't know anything about the judge. Not defending her decision. Just want to point out that to those unfamiliar with guns and unfamiliar with martial arts, the idea that an unloaded gun worn openly is protection might actually make sense. They are mistaken of course, but that is an issue of education.

    Without reading the transcript we don't know if that issue was even discussed during the case.

    I must add that while the private enterprise sector does a decent job of providing MA instruction--- lots of gyms here in all sorts of styles--- few private enterprise places teach gun handling for self-defense. Even our CHL course avoids most of the important FOF topics. It is no surprise to me that people, and many besides the judge, simply have no understanding of the nature of violence.

  14. #13
    3D
    3D is offline
    Senior Member Array 3D's Avatar
    Join Date
    Sep 2009
    Location
    USA
    Posts
    517
    Wonder how well the judges and Brady bunch lawyers who make such patently outrageous rulings would survive if they had to defend their own lives with said unloaded handguns.

    Jeez!! I sure hope the bad guys obey this too . . . . .
    "It is easier to resist at the beginning than at the end"____Leonardo da Vinci 1452-1519

  15. #14
    VIP Member
    Array atctimmy's Avatar
    Join Date
    Jan 2008
    Location
    NSA Headquarters
    Posts
    6,392
    Sadly, I believe that the judges ruling isn't that far off with regard to Heller (the SC really chickened out on the Heller ruling). Also I can see her logic with regard to open carry. The people in California are not restricted from bearing arms. They are being restricted from carrying concealed.

    Before everyone flames me let me just say that I don't like it, but it's not as outlandish as some of you are making it out to be. Also, I think that the NRA would be smart to go after the idiotic restrictions on OC if they lose this in the 9th.
    It is surely true that you can lead a horse to water but you can't make them drink. Nor can you make them grateful for your efforts.

  16. #15
    VIP Member
    Array ksholder's Avatar
    Join Date
    May 2010
    Location
    Ohio
    Posts
    3,920
    Quote Originally Posted by atctimmy View Post
    Sadly, I believe that the judges ruling isn't that far off with regard to Heller (the SC really chickened out on the Heller ruling). Also I can see her logic with regard to open carry. The people in California are not restricted from bearing arms. They are being restricted from carrying concealed.

    Before everyone flames me let me just say that I don't like it, but it's not as outlandish as some of you are making it out to be. Also, I think that the NRA would be smart to go after the idiotic restrictions on OC if they lose this in the 9th.
    atctimmy - are you really saying that you would feel that you were bearing an approprite and useful arm if a BG had the drop on you and you had to unholster, load, rack and aim while all he had to do was pull the trigger? Really - think about it. In CA you can carry around the means to arm yourself, but you are not really armed in any meaningful sense.
    It's the Land of Opportunity, not the Land of Entitlements - Vote America!!!

    "When governments fear the people there is liberty. When the people fear the government there is tyranny." Thomas Jefferson

    You are only paranoid until you are right - then you are a visionary.

Page 1 of 2 12 LastLast

Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Similar Threads

  1. Fairfax County Circuit Court Permit - 54 days later
    By erust2 in forum Concealed Carry Issues & Discussions
    Replies: 10
    Last Post: June 22nd, 2010, 03:01 PM
  2. GOOD -- Court of Appeals to Circuit Judge...
    By DaveH in forum In the News: The Good, the Bad and the Ugly
    Replies: 11
    Last Post: June 7th, 2010, 12:18 PM
  3. US Supreme Court Over Rules Bush and The World Court (Merged)
    By Sig 210 in forum Off Topic & Humor Discussion
    Replies: 40
    Last Post: March 28th, 2008, 08:56 PM
  4. Wisconsin Circuit Court Sides With Gun Owners!
    By paramedic70002 in forum The Second Amendment & Gun Legislation Discussion
    Replies: 16
    Last Post: September 28th, 2007, 01:45 AM
  5. Ohioans For Concealed Carry Wins in Court!!!
    By MR D in forum Concealed Carry Issues & Discussions
    Replies: 15
    Last Post: April 15th, 2007, 03:31 PM

Search tags for this page

9th circuit california restrictive handgun
,
ca ccw laws
,
california ccw laws
,
ccw appeal
,
ccw san diego
,
concealed carry in san diego
,

concealed carry san diego

,
nra san diego
,

san diego ccw

,
san diego ccw case
,

san diego concealed carry

,
san diego nra
Click on a term to search for related topics.