Posted: 3/5/2012 5:21:03 PM EDT
|
Will this ruling help in any way California's quest for carryring? Here's the link for the news.
http://www.foxnews.com/politics/2012/03/05/federal-judge-rules-maryland-gun-permit-law-unconstitutional/ |
|
www.foxnews.com/politics/2012/03/05/federal-judge-rules-maryland-gun-permit-law-unconstitutional/
"People have the right to carry a gun for self-defense and don't have to prove that there's a special reason for them to seek the permit," said his attorney Alan Gura, who has challenged handgun bans in the District of Columbia and Chicago as an attorney with the Second Amendment Foundation. "We're not against the idea of a permit process, but the licensing system has to acknowledge that there's a right to bear arms." |
|
Quoted:
Quoted:
no. we don't need permits to get most guns. reading comprehension.  [div]
Please explain what you think I missed. The MD case was about a permit to own a gun, not carry one. Since we don't need permits to own most guns here in CA, the case will be distinguishable and inapplicable, should it ever make it to the appellate court or above. |
|
Quoted:
Quoted:
Quoted:
no. we don't need permits to get most guns. reading comprehension. [div]
Please explain what you think I missed. The MD case was about a permit to own a gun, not carry one. Since we don't need permits to own most guns here in CA, the case will be distinguishable and inapplicable, should it ever make it to the appellate court or above. The case was about a concealed carry permit. The story makes it sound like it was about a permit to purchase a handgun (which MD doesn't require btw). The important part is that the judge ruled that MD's law of requiring the applicant to submit "good reason" for a carry permit is unconstitutional. I believe this is currently the same situation with CCW and open carry in CA, no? You have to come up with a really good reason or know someone with the right job title or live in a friendly county to get a CCW permit right? I don't think much will change in MD immediately but it's a baby step in the right direction for all of us. Below is MD's law for carry permits. I mistakenly thought it was for CCW when in fact it sounds like it's for carry/transport of handguns of any kind. PERMIT TO CARRY Application for a permit to carry a handgun is made to the Secretary of State Police. The applicant should submit a notarized letter stating the reasons why he is applying for a permit, in addition to the printed application form. The permit may be issued if the Secretary finds that the applicant: 1. Is 18 years of age or older. 2. Has not been convicted of a felony or of a crime punishable by imprisonment for more than one year. 3. Has not been committed within the previous 10 years to any juvenile detention center for longer than one year. 4. Is not an addict or alcoholic nor has ever been convicted of a narcotics offense. 5. Has not, based on the results of investigation, exhibited a propensity for violence or instability. 6. Has, based on the results of investigation, "good and substantial reason" to carry a handgun, including a finding that the permit is "necessary as a reasonable precaution against apprehended danger." [5] The Secretary may charge a $70.00 nonrefundable fee payable upon application. The renewal fee is $50.00. There is also a $5.00 fingerprint fee. The permit is valid for two years after its issuance and expires on the last day of the holder's birth month. Subsequent renewals are valid for periods of three years each. Applications for renewals should be submitted 90 days prior to expiration. A permit holder must carry his permit whenever he "carries, wears or transports a handgun." The permit authorizes the holder to carry any handgun which he may legally own or possess. It is unlawful for a permit holder to carry a handgun while under the influence of alcohol or drugs. An applicant may appeal rejection to the Handgun Permit Review Board within ten days after receipt of a written notice of the Secretary's action. |
|
This ruling was in the Fourth Circuit. If (when) it survives appeal, it'll be the law of the land here, unless it's appealed to SCOTUS, SOCTUS hears it, and overturns it. That is when this ruling would benefit CA
I want to say there are other cases in the Ninth Circuit that would have a more immediate possible effect on CA, but some of them went "on hold" waiting for other cases to be heard. CalGuns Wiki has lots of info about cases that are out there and their status. ETA: Nordyke is the case several are waiting on. March 19 2012 is the next date that something happens with it. |
|
I believe this is currently the same situation with CCW and open carry in CA, no? You have to come up with a really good reason or know someone with the right job title or live in a friendly county to get a CCW permit right?
Not state law, some counties it's impossible, in others very probable. |
|
Quoted:
I believe this is currently the same situation with CCW and open carry in CA, no? You have to come up with a really good reason or know someone with the right job title or live in a friendly county to get a CCW permit right?
Not state law, some counties it's impossible, in others very probable. 
|
|
Quoted:
so if I get a permit in kern county is it good for all of Cali or just kern county? Your carry ticket is good state-wide, much to the distress of certain pols, sheriffs and chiefs. [This is why NRA has spent so much time & $$$ in CA fighting for statewide preemption and making sure it sticks: the fight against Prop H in SF was not just about guns in SF but the continuing validity of preemption so CA is not split into 58 if not 1000 different 'principalities'.] You must be, and remain, a resident of Kern county if issued a Kern carry permit. Don't try to game things with a PO box, 'renting a room', etc. while actually really living elsewhere. Bill Wiese San Jose CA |
|
Quoted:
Quoted:
so if I get a permit in kern county is it good for all of Cali or just kern county? Your carry ticket is good state-wide, much to the distress of certain pols, sheriffs and chiefs. [This is why NRA has spent so much time & $$$ in CA fighting for statewide preemption and making sure it sticks: the fight against Prop H in SF was not just about guns in SF but the continuing validity of preemption so CA is not split into 58 if not 1000 different 'principalities'.] You must be, and remain, a resident of Kern county if issued a Kern carry permit. Don't try to game things with a PO box, 'renting a room', etc. while actually really living elsewhere. Bill Wiese San Jose CA Just be sure to apply with the Sheriff Dept. Do not go through BPD at any cost. There was once an issue with the way areas incorporated into the City(Bakersfield) as opposed to incorporated in the County had to apply. It was referred to as a "gentleman's agreement" where the sheriff dept would refer city residents to BPD and the city would refer county residents to the sheriff. BPD standards were much more strict and they often limited the use of the permit. When Wimbush came into office he changed it and decided he would grant a permit to anyone living in the county. It was one of the good changes he brought about. When Youngblood took office they VERY briefly almost returned to the gentlemen agreement nonsense. I know this because I very nearly got denied within a one week period between having everything completed save for proof of residency. When I acquired the last little bit of proof of residency they attempted to deny me after having looked at my zip code and determining I lived in the city. I was essentially approved and I had other things going for me that eased my way through having to deal with that headache. Others however were having the same problems I had briefly encountered and those folks raised a stink. They managed to turn him around pretty quick and it's remained under the improved "issue to any resident of the county" system Wimbush put into effect. Wimbush was also the one who was kinda sorta responsible for this, the "we'll kick your ass car." http://www.bakersfieldcalifornian.com/local/x1365314814/County-wins-lawsuit-over-dog-bites-controversial-stickers |