California Reneges on Conceal Carry Decision
via U-T San Diego
San Diego — The law concerning who can carry concealed weapons in California is once again in limbo.
It’s been more than a year since a divided panel of the 9th U.S. Circuit Court of Appeals ruled that self-defense is reason enough for law-abiding citizens to carry concealed firearms — a victory for gun-rights advocates. Now, that decision has been put on hold, as a larger panel of judges within the same court prepares to rehear the case in June.
“We’re really back to square one,” said Senior Deputy County Counsel James Chapin. He’s helped defend the San Diego County Sheriff’s Department’s long-standing policy on concealed-carry permits since the lawsuit challenging it was filed in 2008.
California’s on again, off again love affair with restricting individual freedoms is apparently back in season. It’s unfortunate, really, because while most of the country has been able to push towards being a “Shall Permit” state versus a “May Permit”, California can’t seem to figure out where they are.
More importantly, under what justification are California residents being turned down for concealed carry permits?
via U-T San Diego
The case stems from a lawsuit filed by independent news service owner and part-time San Diego County resident Edward Peruta, as well as other gun owners who were denied concealed-carry permits by the Sheriff’s Department.
Qualified applicants who meet the requirements to apply for a concealed carry permit were being turned down for no legal reason by the Sheriff’s department. This is why such “May Issue” ideology can be a dangerous thing when it comes to conceal carry applications. A Sheriff is an elected position. Giving a county level politician the authority and oversight to step on constitutional rights for law abiding citizens is almost the very definition of using a political position as a bully pulpit for policy.
Self-Defense – Is it Just Cause or Just Enough?
The 9th U.S. Circuit Court of Appeals already determined that self-defense merits justification enough to issue concealed carry permits – yet somehow that same judicial body is reviewing their own decision?
The lead judge in the the case, Sidney R. Thomas, was an appointee of none other than Bill Clinton in 1995. Justice Thomas, who ruled in favor of the defendants, is now looking to rehear the decision.
Conceal Carry Jitterbug Decisions – Is California the Last?
The closest thing we have for a comparison is the recent actions in both Illinois and D.C. In the case of Illinois, concealed carry permits were simply not issued to those who applied for a concealed carry permit. It was the last state to allow concealed carry to those who qualified. And even with the legal ruling forcing Illinois to adopt it, they’ve still run into plenty of issues with putting up imaginary “gun free” zones.
Unfortunately, D.C. is inexplicably kept from being granted the same rights and authority that most states have in deciding their own matters. And even D.C. began to accept applications to conceal carry.
Now, California demonstrated by their own due legal process that there is no legal justification to turn down concealed carry permits to those who meet the standards. Why back out? This sets a bad precedent for this state on moving forward with constitutional gun rights.
While states like Kansas, New Hampshire, and others push to make concealed carry a constitutional right – California is still stuck in a McCarthy-esque dark era ruminating about how it can twerk its own legal system to meet shady political goals. Hopefully, the 9th Circuit Court of Appeals in California will decide its first decision was correct and Californians can be one step closer to “Shall Permit”.
James England is a former United States Marine Signals Intelligence Operator and defense contractor with over two tours spread over the Al Anbar province and two more operating across Helmand and Baghdis. He is presently a writer focused on Western foreign policy and maintains an avid interest in firearms. A graduate of the University of North Carolina at Wilmington, he presently resides in New Hampshire – the “Live Free or Die” state. He is finishing up his first novel, “American Hubris”, which is set to hit shelves in Fall of 2015.
