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发帖数: 29846 | 1 New court decision could end California's restrictions on conceal-carry
permits
Published November 12, 2014
Law-abiding Californians may not need to justify their need to carry
concealed weapons, after the same three-judge panel that struck down
restrictions on the permits earlier this year ruled Wednesday that it is too
late for new opponents to join the fight against the ruling.
The decision by the 9th U.S. Circuit Court of Appeals would bar other law
enforcement officials, including state Attorney General Kamala Harris, from
gaining "intervener status" to join in further challenges of its ruling in a
case originally brought by an independent journalist who sued the San Diego
County Sheriff’s Department over its policy of requiring a specific reason
for being allowed to carry a concealed weapon in public.
San Diego County Sheriff Bill Gore has said he will not fight the ruling,
meaning there is no one with standing left to challenge the decision made in
February.
“Since becoming Sheriff, I have always maintained that it is the
legislature’s responsibility to make the laws, and the judiciary’s
responsibility to interpret them and their constitutionality,” Gore wrote
in a letter to the county board of supervisors earlier this year, in which
he said the court’s decision gave him clarity on the issuance of licenses.
“Law enforcement’s role is to uphold and enforce the law.”
Edward Peruta sued Gore’s department over its policy of requiring a
specific reason for being allowed to carry a concealed weapon in public,
restrictions other counties around the state also had in place.
In its bombshell ruling earlier this year, the 9th Circuit found those
policies to be unconstitutional and held that law-abiding citizens have a
right to bear arms under the Constitution’s Second Amendment and could not
be required to justify their reasons for carrying concealed weapons. The
panel simultaneously ruled on a similar case brought in Yolo County, and
that county's sheriff, Edward Prieto, has not indicated he will drop further
appeals, which could be heard en banc by all of the 9th Circuit judges or
by the U.S. Supreme Court. Harris could try to join Prieto's case, although
Wednesday's ruling appears to make it unlikely she would be allowed.
California counties have differed on policy in the wake of the February
decision, with Orange County issuing the permits on request and others
waiting for a resolution in the case.
One judge on the panel disagreed with Wednesday’s ruling, saying the state
should be able to intervene in the case to “present an argument on an
important constitutional question affecting millions of citizens.”
The law would still not allow felons or the mentally ill to possess firearms
, and would still prohibit the carrying of them in places such as schools
and government buildings.
Brandon Combs, executive director of the pro-Second Amendment Calguns
Foundation, which represented the plaintiff in the Yolo County case, said he
believes more counties will likely drop their restrictions on concealed-
carry permits.
"Some sheriffs are probably going to see this news as evidence their
policies are wrong," he said. "But sheriffs and police chiefs in anti-gun
jurisdictions may need more help seeing the light. We'll be happy to help
them, even if it means going to the Supreme Court. | T*********I
发帖数: 10729 | 2 只要Edward Prieto不上诉，那就成了。 |
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