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The PJ Tatler

by
Bryan Preston

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February 28, 2014 - 8:56 am

A couple of weeks ago, the Ninth Circuit Court of Appeals ruled that the Second Amendment is settled law, and California’s laws on concealed firearm carry were overly restrictive. The ruling essentially turned California into a “shall issue” state, at least until the Democrat-owned legislature and Gov. Brown can figure out how to thwart the ruling.

Look what’s happening in California now.

Gun owners are flooding the sheriff’s offices in two California counties with applications for concealed weapon permits following a bombshell ruling two weeks ago by a federal appeals court that citizens need not justify their requests.

Orange and Ventura counties have dropped the “good cause” standard for issuing conceal carry permits after the requirement was struck down  Feb. 13 by the U.S. 9th Circuit Court of Appeal. A three-judge panel of the court ruled 2 to 1 that the Second Amendment bars California counties from requiring law-abiding gun owners who want to carry concealed firearms to demonstrate special, individualized needs for protection.

More than 500 applications have poured in to the Orange County Sheriff’s Department in just two weeks — roughly the total number of applications filed in 2013, a spokesman said. Orange County Sheriff Sandra Hutchens announced on the department’s website that the county will comply with the federal court’s order immediately, sparking the wave of applications.

The Brady gun-grabbers aren’t happy about all this. Thinking about their unhappiness with law-abiding Americans exercising their fundamental rights for the first time is a nice way to prepare yourself for a fine weekend.

California is appealing the case, but the Second Amendment is settled law. Democrats should stop trying to change it.

h/t Hot Air

Bryan Preston has been a leading conservative blogger and opinionator since founding his first blog in 2001. Bryan is a military veteran, worked for NASA, was a founding blogger and producer at Hot Air, was producer of the Laura Ingraham Show and, most recently before joining PJM, was Communications Director of the Republican Party of Texas.

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All Comments   (25)
All Comments   (25)
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Another second amendment victory. There is a trend starting in our favor.
38 weeks ago
38 weeks ago Link To Comment
Would like to welcome the Peoples Republic to America. Is the the California Gulag starting to lose it's grip ? Freedom is great and congrats to the 9th Circuit who doesn't often get things right. If you want your CC permit you had better hurry before Gerry Brown, Eric Holder, and Obama unleash their SS against the 2nd. amendment.
38 weeks ago
38 weeks ago Link To Comment
People need guns to protect themselves. It's that simple. Most authorities do no want people to defend themselves because they are protective of criminals and their motives.
38 weeks ago
38 weeks ago Link To Comment
"...because they are protective of criminals and their motives". You mean "they ARE criminals...".
38 weeks ago
38 weeks ago Link To Comment
Correct me if I misunderstood. Isn't "settled law" the Supreme Law of the land aka the Constitution of the USA?

Isn't a part of THAT "settled law" the Bill of Rights".

And in that Bill of Rights the Second Amendment says "A well regulated militia being necessary to the security of a free state, the right of the peole to keep and bear arms SHALL NOT BE INFRINGED" (emphases added)

That being "settled law", thien isn't ANY infringement in any of the adminsitrations of the Federation of United States of America unlawful with respect to the Supreme Law of the Land?
38 weeks ago
38 weeks ago Link To Comment
Well, here's a real buzz kill for Santa Clara County..

Last modified: 2/25/2014 6:37 PM
Members of the public wishing to obtain a CCW under the standards recently articulated by the Ninth Circuit in Peruta v. County of San Diego should be aware that the decision has not yet become final.

Federal court rules prescribe a period of time which must elapse before the case is remanded to the District Court for further proceedings.

Applicants that seek a CCW permit under the self-defense standard set forth in Peruta will be processed in the order they are received should the decision of the Ninth Circuit become final. Once the decision becomes final, applicants will be contacted by the Sheriff’s CCW Unit with instructions on how to complete the process.

In order to accommodate, and expedite, the large numbers of anticipated applications, the Sheriff’s Office and County Counsel are currently revising the process for issuing CCW permits.

If you are interested in applying for a CCW permit, please complete the application below and submit it either via mail or in person to:

Santa Clara County Sheriff’s Office
ATTN: CCW Unit
55 W Younger Avenue
San Jose, CA 95110


Currently it takes approximately six months to complete the CCW application process.

If you have any questions, please email CCW@sheriff.sccgov.org. Due to the overwhelming amount of phone calls we have received, we will only be corresponding via email.
38 weeks ago
38 weeks ago Link To Comment
This is VERY similar to the medical marijuana debacle here in NV. Our voters voted in 2000, AND it's written into our state constitution that cancer patients (like me) & other patients who want to use med. M.J. have to ILLEGALLY obtain seeds, (from God knows where, because NO ONE at the state will tell us where to obtain them ), grow your own, apply for a med M.J. "card", pay $50.00 for that, apply for an "Illegal Contraband Tax Stamp", pay $50.00 for that...then FINALLY "when your crop come in", you have your medicine. Since I choose NOT to break the law & RX pain pills (NO opiates & NO NSAIDS) work on me, I SUFFER to this day!! SUPPOSEDLY, our state will FINALLY issue "guidelines" for med M.J. in April...for our Dispensaries to open...then who knows how much longer they will delay the dispensaries from opening...all the while cancer patients continue to SUFFER!! This "bureaucratic foot dragging" has gone on for 14 years now...so CA gun rights fans...DO NOT get your hopes up!!
38 weeks ago
38 weeks ago Link To Comment
Is anyone really surprised? After all....We the People live FREE in America! Even Californians feel the love. the 2nd Amendment is alive and well.
38 weeks ago
38 weeks ago Link To Comment
This has been going on, in various forms, for years. I can remember reading an article (don't ask me in what publication, but I believe it to have been pre-internet) recounting how at one point Los Angeles lost a lawsuit involving the issuance of a CCW to a private citizen. The guy had sued and managed to show that the granting of the permits was very discriminatory, and that cronies of local politicians, and celebrities, were the ones who typically got permits. He was granted the permit; the city attorney then announced that they weren't going to appeal the decision, but if they had they'd have won, so they were going to act as if they *had* won in terms of all other cases; in other words they just ignored the larger implications of the case, and acted as if they'd won it instead of lost. A second guy sued, but he had to go through the whole process that the first guy went through; he won, but it cost a lot of money (if memory serves correctly, it was $50,000, 20 years ago) in legal fees, and the city attorney kept issuing these rulings that the court was mistaken, and the rulings would be ignored.

Eventually I assume the whole thing stopped for some reason, and now we're at this impasse. It'd be interesting to see what would happen if someone applied in Los Angeles or San Francisco; those cities have very strong antipathy to the 2nd Amendment and especially the idea of private citizens to carry firearms. My guess is that *after* there's a CCW law in the state that allows you to carry, they'll try and get you on something to get your rights revoked.
38 weeks ago
38 weeks ago Link To Comment
The CA Attorney General is appealing. Apparently following the directions of the arch-Attorney General Holder in regards to trying to "follow the constitution" only applies to the made up constitution that "lives" in the minds of liberals...
38 weeks ago
38 weeks ago Link To Comment
500 applications in two weeks -- an average of 36 per day -- is a "flood"?

No, that's a trial balloon. The flood is coming.
38 weeks ago
38 weeks ago Link To Comment
And it is only from a few counties.

Many counties, especially rural ones, were not being restricted for concealed carry.
38 weeks ago
38 weeks ago Link To Comment
For the Ninth Circuit to make this ruling—with its past hyperleftism—makes me smell a big rat. The rush to pass concealed-carry laws in most states, and the ease of their passage, made me smell one then too. It's a trap for gun owners.

So go ahead, all you gun owners in California, and apply for that enticing concealed carry permit. Just remember that by doing so you have placed your name on a government list of gun owners. You have also confirmed your intent to carry as much as possible, making you "dangerous" and a target for the regime and other gun grabbers.

When the trap is sprung and those convenient lists and databases of concealed carry permit holders are used to send the cops or military door to door to confiscate your guns, remember that you were warned.

I came very close to getting a permit and even went so far as to purchase a suitable gun. But I never took the required class, so never applied for the permit. That doubt remained in my mind. Now I've sold the gun and am still not on a concealed carry database. Those of you on the database will soon find out what the consequences of voluntarily placing yourself on it will be. Hint: executive orders + military + BATF + FBI...
38 weeks ago
38 weeks ago Link To Comment
That would be an illegal order that the military wouldn't obey. And how many gun owning homes could federal agents storm in one night? How many federal agents would be walking out of homes stormed the second night? How many federal agents would be willing to storm into a home they stood a good chance of being carried out of on the third night?
38 weeks ago
38 weeks ago Link To Comment
"That would be an illegal order that the military wouldn't obey."

I have ZERO confidence that our military will refuse to obey such orders.

The Marines ran a "confiscate the weapons" exercise in (IIRC) 2000 or so, and nobody batted an eye.

I'm sure there have been other such training that has not gotten any publicity.

38 weeks ago
38 weeks ago Link To Comment
Point taken. And yet they already have the names and addresses and make/model of handgun owners in California.

So it comes down to buying one illegally, or buying one legally and being on the list, or not having a gun at all. I'm not willing to go the illegal route, and I figure having a gun and being on a list is better than having no gun.
38 weeks ago
38 weeks ago Link To Comment
Keep in mind that with this level of data when the "Assault Weapons" laws hit CA they required the registration of grandfathered weapons. CA estimated the compliance rate at between 8-12%.

Gun control is a species of political kabuki theater. It puts the gun nuts "in their place" and tin sip the base. They don't give a damn about enforcing it except selectively to make felons out of political enemies or harass dissenters.

They know that so long as they don't do door to door confiscation, 80+ percent of their political enemies can be arrested as needed for owning a gun. The other "outlaws" will do nothing so long as they are not targeted.
38 weeks ago
38 weeks ago Link To Comment
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