February 14, 2014

BREAKING: Federal Court: May-Issue Unconstitutional

The 7th circuit ruling that Illinois’ ban on conceal carry was unconstitutional was a bombshell ruling handed down a year or so ago. An ever larger bombshell has exploded- and it’s coming out of California. The 9th circuit of appeals, a federal court ruled that the state of California violated a man’s rights when their may-issue permitting system denied him the right to keep and bear arms.
In may issue states, you have to ‘provide a good enough reason’ to carry a gun, at the discretion of law enforcement or the government. In states such as California or Maryland, this amounts to no-issue in practice.

Edward Peruta applied for a conceal carry permit in San Diego and was denied because the government thought he did not have ‘a good enough reason’ to exercise his fundamental rights. You should never have a reason to exercise your fundamental rights. That’s like the government denying me a fair trial because ‘I have to provide a good reason’. Peruta knew it was unjust, criminal and unconstitutional, and the federal court agreed with him.

In its decision, the court claimed that the 2nd amendment had been ‘taken off of the table’ for Mr. Peruta. The judges ruled that the 2nd amendment means that ‘an individual has the right to defend oneself, and the state may not destroy that right to bear arms in public under the guise of regulating it.’ DC v. Heller is cited well over a hundred times.

Another identical case is in front of the same circuit court- and it is expected the ruling will be identical; striking anti-gunners in the balls not once- but twice. The dissenting opinion on the bench claimed that the regulation was lawful and constitutional, using 16th century law as his evidence.

With rulings across the country contradicting each other on may-issue, the Supreme Court has to rule on this eventually- and once and for all. This isn’t over however as California can request an en banc hearing. Years ago- Lisa Madigan of Cook County, Illinois requested an en banc hearing to delay conceal carry in Illinois- and she got it.

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