9th circuit rules "good cause" for handgun permits impermissibly burdens the 2nd amendment

[bobblackrifle 28]

No other State trains civilians to Police Standards. It is the wrong mindset. Requiring to shoot from a kneeling position as the rules require is not possible for a good percentage of those who will carry. A course of fire for self defense is appropriate, not training to police level tactics. Even if Drake gets a favorable outcome from SCOTUS NJ will rewrite the laws requiring a new legal chalange

[ryan_j 0]

No other State trains civilians to Police Standards. It is the wrong mindset. Requiring to shoot from a kneeling position as the rules require is not possible for a good percentage of those who will carry. A course of fire for self defense is appropriate, not training to police level tactics. Even if Drake gets a favorable outcome from SCOTUS NJ will rewrite the laws requiring a new legal chalange

 

 

I agree but it's better than not being able to get one. At most it will cost me the instructor fee and a box of ammo. I'm fine with that.

 

Change the law? That would be great. But do you see Sweeney making it easier to get a CCW? 

[bobblackrifle 28]

I agree but it's better than not being able to get one. At most it will cost me the instructor fee and a box of ammo. I'm fine with that.

 

Change the law? That would be great. But do you see Sweeney making it easier to get a CCW? 

No they will rewrite the law and requirements to make it impossible for us to comply with the new laws, requiring a new legal challenge.

[ryan_j 0]

No they will rewrite the law and requirements to make it impossible for us to comply with the new laws, requiring a new legal challenge.

 

Let them. It will get struck down in very short order. You do know that everyone is afraid of being found in contempt of the Supreme Court, right? They will send monitors and hell will rain down upon them. If nobody obeys the Court, you think they want that? It causes them to lose credibility. Even pig headed Sweeney knows this. 

 

But I don't really see that happening. What I do see happening is that they'll comply like they did in Illinois and California. Illinois is issuing permits this week, and California is now waiving the in person appearance to accept applications. They put a drop box and some Sheriffs are taking applications by mail. But with a court ruling, Sweeney, Weinberg and even Christie will have cover and will be able to say that they couldn't do anything because of the court. Just like Christie did with gay marriage. 

 

What I do see happening is that they may just remove the superior court from the equation and have it approved by local PD or NJSP, like FID and PtPs, because the superior court will have much more workload as a result of all the permit approvals. They may make the process just like RPO. 

[magnawing 5]

 

What I do see happening is that they may just remove the superior court from the equation and have it approved by local PD or NJSP, like FID and PtPs

Just one more benefit to living in a small, 2A friendly town....until my son graduates and I can move back to Free America.

 

Did I mention that my initial FID and P2Ps only took 16 days from drop-off to pick-up a few weeks ago???

[jrfly3006 42]

Well it looks like Harrris decided to appeal it..

 

https://oag.ca.gov/news/press-releases/attorney-general-kamala-d-harris-appeals-ninth-circuit-concealed-weapons-permit

[mark_anthony_78 0]

My (admittedly crude) understanding is that the State of California was not a party to the suit, and therefore cannot appeal the decision.

 

The state law itself was not questioned/changed by the decision, just how certain sherriff's interpreted and applied the "justifiable need" requirement, which will continue to exist with the exception that sherriffs must accept self defense as a valid cause.

 

If the sherriffs don't appeal, and the court itself doesn't request an en banc review, then all the AG can do is beg for either of those to happen up until the decision's deadline.

[intercooler 41]

they filed as an Intervenor...which is to say that the county of san diego may have declined the appeal, but since that is a defecto arm of the government of the state of California, they can appeal. They go on to Cite Drake, and Kachowski

[JohnnyB 4,325]

You will be eating your words come next year is my prediction. 

I feel the same way!  SCOTUS will not let us down lest they undermine the Second Amendment for all in the U.S.A.

[Vlad G 345]

I feel the same way! SCOTUS will not let us down lest they undermine the Second Amendment for all in the U.S.A.

Lol, as they have done in Miller? Look, I'm moderately optimistic, but NOTHING is ever certain with scotus.

[n4p226r 105]

they filed as an Intervenor...which is to say that the county of san diego may have declined the appeal, but since that is a defecto arm of the government of the state of California, they can appeal. They go on to Cite Drake, and Kachowski

is that legal?

[Vlad G 345]

is that legal?

Does anyone care anymore? Rule of law is joke.

[n4p226r 105]

i care.  at least until rome burns.  then we can all carry whenever/wherever

[intercooler 41]

It's legal. May not work, but it's legal

[n4p226r 105]

thats the problem with getting info on court cases from the internet.  i've read that she may appeal, that she can't appeal because she wasn't named in the lawsuit, that she couldn't appeal because she declined to be part of the case earlier.  and then…she appeals.  

 

im guessing that on the 7th they will issue a stay of the ruling until  they decide if they will or will not hear it en banc? 

 

i wonder what this means for the other california case that was heard the same day.  

[Vlad G 345]

Its interesting to read calguns on the subject. Basically the AG has filed a 2 part motion. Part one asks the court to make her a party to the case, and part two restates the minority opinion.  Part one is very interesting because earlier in the case BOTH parties invited the AG to be part of the case and she refused.

 

 

She also complains that this will allow guns to be carried in "urban" areas. Aren't her ilk usually complaining that urban if code word for black and thus racist?

[njpilot 671]

Does anyone care anymore? Rule of law is joke.

A wise man a couple hundred years ago wrote:

 

"-That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Governmen"

 

and

 

"But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security"

[Vlad G 345]

We are not there yet. The economy needs to break more first.

[Jfoster99 80]

Is Hawaii impacted by the 9 circuits ruling? They are worse then NJ as far as "May issue" goes

[n4p226r 105]

how is anyone worse than NJ?

[ryan_j 0]

how is anyone worse than NJ?

 

Hawaii has issued something like 10 permits. NJ issued 1195. 

DC is still no issue.

 

Illinois WAS no issue until Moore. 

 

NYC is better than NJ though. 

[Kadayo 39]

California Attorney General appeals 9th circuit decision.

 

https://oag.ca.gov/news/press-releases/attorney-general-kamala-d-harris-appeals-ninth-circuit-concealed-weapons-permit

[wooly bugger 1]

 

 

 

NYC is better than NJ though. 

 

That's because NYC has more "special people" i.e., celebrities and super-rich Dem donors.

[ryan_j 0]

California Attorney General appeals 9th circuit decision.

 

https://oag.ca.gov/news/press-releases/attorney-general-kamala-d-harris-appeals-ninth-circuit-concealed-weapons-permit

 

She is TRYING to appeal.

She has no standing to appeal and she wants to become a party to this case. 

 

My bet is that this really does nothing directly but it may spur a judge on the 9th to call for an en banc hearing sua sponte (meaning the court itself requests it). 

 

However, CalGuns has been pointing out that this is exactly how Nordyke played out before the Supreme Court took McDonald, and this may give them Court sufficient motivation to take Drake. 

[JohnnyB 4,325]

Really?

 

Nationalized health care.

 

One slight shift at the scotus level and this country has a different landscape..... One shift in no and it has a different landscape..

I agree that one shift will kill our chances for CCW in NJ. However, I feel strongly that if the makeup of SCOTUS remains the

same when the 2A cases come up, which may be soon.....We will win!

[maintenanceguy 510]

I agree that one shift will kill our chances for CCW in NJ. However, I feel strongly that if the makeup of SCOTUS remains the

same when the 2A cases come up, which may be soon.....We will win!

 

I think SCOTUS needs to decide this once and for all but...just because 5 of the 9 justices were comfortable with people carrying their guns at home does not mean they're comfortable with everyone carrying in public.

 

I know...the constitution guarantees it and the court has to follow the constitution...but they sometimes don't.

[ryan_j 0]

I think SCOTUS needs to decide this once and for all but...just because 5 of the 9 justices were comfortable with people carrying their guns at home does not mean they're comfortable with everyone carrying in public.

 

I know...the constitution guarantees it and the court has to follow the constitution...but they sometimes don't.

 

 

I never really get this mindset.

 

As it is, the right is already denied by default outside of the home. If a supreme court decision affirms this, absolutely nothing changes. No states that are shall issue will go may issue. No states that are may issue will go shall issue. 

 

But if we win, we get shall issue nationwide. That is a pretty damn big deal. 

 

So, what have we got to lose? If you're pro 2A? Absolutely nothing. If you're an anti? Everything.

[ryan_j 0]

Lots of updates in this case, including amicus briefs filed in opposition...

 

The best is this one. 

 

http://michellawyers.com/wp-content/uploads/2010/11/Peruta-v.-County-of-San-Diego_Affirmation-Submitted-in-Opposition-to-Court-En-Banc-Review.pdf

[CMJeepster 2,778]

Ha, ha!

 

"Don't waste everyone's time with this horseshit..."

[mustang69 505]

So their position is that the court is too busy to take the case further?  Brilliant....