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jonny.montana

IT'S NOW LEGAL TO CARRY CONCEALED GUNS IN CALIFORNIA

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And FYI you could always carry in California, just some counties acted like New Jersey when issuing permits. 

 

True, but those "few" counties probably represent 90% of the residents of the state.

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I'm talking about population, not area. It's great that Inyo, Tulare, and Kern county are shall issue, and I'm sure that combined population of 45 people that live there are proud to not have their right to carry infringed. I'm also curious about the accuracy of that map. A move to Riverside county might possibly in my future, and I could have sworn looking into the Riverside County sherriff's website and seeing a lot of "may issue" language.

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I'm talking about population, not area. It's great that Inyo, Tulare, and Kern county are shall issue, and I'm sure that combined population of 45 people that live there are proud to not have their right to carry infringed. I'm also curious about the accuracy of that map. A move to Riverside county might possibly in my future, and I could have sworn looking into the Riverside County sherriff's website and seeing a lot of "may issue" language.

 

 

As am i 90% of the population doesnt live in ~14 out of 50 counties. Map came from http://calccw.com/ 

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Basically, the Supreme court has held states can restrict concealed carry OR open carry, but not both.  You cannot have a state that bans open carry and bans concealed carry - thought there is a lot more nuance to it. And while yes, this contradicts the ruling of a lower court, it's an issue if and only if the Supreme Court agrees to hear it, and even if they do; ramifications are months if not years away.

 

Listen to Guntalk Radio from Sun, 16 February 2014 (Part A). They explain the whole situation much better than that article.

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Because I'm home with a shoulder injury, I have nothing better to do than to look up the numbers. Of course, if the Perruta ruling stands, or the Supreme Court rules in favor of CCW, it means nothing really.

 

http://www.digital-topo-maps.com/county-map/california.shtml

 

Red/Yellow states: 70.4% of population

Light green states: 10.3% of population

 

And if the off chance anyone else was looking at Riverside County, it appears they've recently been more likely to approve CCWs, but browsing through Calguns, it isn't clear that the average person citing purely self defense as their just cause would have gotten approval. 

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Basically, the Supreme court has held states can restrict concealed carry and open carry, but not both.  

 

The Supreme Court has done no such thing. The 9th circuit in the Peruta opinion has. But that opinion is only binding in the 9th circuit which is basically California, Hawaii, the Mariana Islands (and a bunch of other states which are shall issue already). 

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The Supreme Court has done no such thing. The 9th circuit in the Peruta opinion has. But that opinion is only binding in the 9th circuit which is basically California, Hawaii, the Mariana Islands (and a bunch of other states which are shall issue already). 

 

Sorry, I’m not a lawyer (I make an honest living) so legal scholars please jump in… yes, the Supreme Court has never decisively ruled on the issue of concealed carry. But they have, through refusing to hear many previous cases, let contradictory decisions stand.

 

In both Heller and McDonald, the Supreme Court said the government cannot ban gun possession, however in those same cases, the Supreme Court found there is no inherent right to concealed carry. Their "official ruling" is that there is no ruling. 

 

This 9th circuit decision found that a state cannot ban both open and Concealed, as that would be unconstitutional - which establishes we must have one or the other. This also contradicts what courts in New York, MD, etc., have found, and the Supreme Court has refused to hear those challenges.

 

The Supreme Court has, however, acknowledged in many decisions the bans on concealed carry and open carry in America that have been in place since the 1800s (New Jersey began banning concealed in 1905) - the court has refused to hear challenges to both decisions banning and allowing both open and concealed carry in the past… which upholds lower courts decisions - ruling by not ruling - which makes things a mess.

 

Anyway, I'm not an expert - and not trying to pick a fight. This is what I'm reading:

 

From the Justice Department, on the Second Amendment, as it pertains to an individual right (this link is from the NRA-ILA): http://www.justice.gov/olc/secondamendment2.pdf

 

And the precedential for Drake:

http://www2.ca3.uscourts.gov/opinarch/121150p.pdf

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