Thanks to joshs for breaking the story at pistol-forum.com! See the decision here. Landmark doesn’t begin to describe the massively researched and unquestionably clear decision by the court. California just got its collective anti-carry scheme nuked from orbit.
You can follow what will surely be a serious legal discussion at the pistol-forum.com thread.
Train hard & stay safe! ToddG
Oh PLEASE let NJ be next! I live 5 minutes away from Camden…
J.Ja
J.Ja, I hope you are correct. NJ still applies the same standard as San Diego.
This is great news and everything… but what’s the point? Sure, maybe it’ll become ‘legal’ to carry in California, but there won’t be any ‘legal’ guns left to purchase anyway.
Justin and Michael: Unfortunately, New Jersey is in the Third circuit and one of the cases the 9th circuit panel criticized was the 3rd circuit’s case upholding the New Jersey approach. Only the Supreme Court can overrule that decision.
The good news is that the 9th Circuit decision is extremely good and will help persuade the key decision maker on the Supreme Court (Justice Kennedy). It points out that the California (New Jersey) approach essentially outlaws the bearing of arms by the vast majority of citizens and thus must be a 2nd amendment violation.
If the right to bear arms means anything (and of course many judges says it doesn’t) the 9th circuit has to be correct on that.
Steve –
I hope that you are right that this at least gives us hope here in NJ. I moved in August and I have basically given up on doing anything with my firearms other than keep them in the safe with their 15 round magazines. It doesn’t help that the extra cost of living here soaked up both my gun budget and my ammo budget (as well as the budgets for just about anything else that wasn’t a “must pay” item). 🙁
J.Ja
Justin:
Good luck. I don’t know if you’ve heard (the media hasn’t really been reporting it) but there is a group of armed robbers hitting gas stations and convenience stores in the area around Camden. They shot at least one clerk because he was too slow at handing over the cash. Since it is New Jersey, they have no armed opposition, but strangely enough despite New Jersey’s draconian gun control laws (which the legislature wants to make even more draconian) the bad guys are armed.
Apparently–and this will no doubt completely shock you–criminals pay no attention to laws forbidding them from carrying or using weapons.
Or at least that would shock New Jersey’s politicians. They are too busy cracking down on law abiding gun owners to think about it, however.
Well, the cheering news is that at least you get to pay equally draconian taxes to pay the politicians enormous pensions!
Ed Peruta (plaintiff) is also a Connecticut resident and active on firearms rights here in CT. http://ctgunrights.com/
The good news from this is that we’re establishing precedent. The power of this is not to be underestimated and will help our cause significantly when the truly big national battle arises later in this administration.