As the Washington Post reports,
A divided federal appeals court on Thursday struck down California?s concealed-weapons rules, saying they violate the Second Amendment right to bear arms.
By a vote of 2 to 1, the three-judge panel of the U.S. Circuit Court of Appeals for the 9th Circuit said California was wrong to require applicants to show good cause to receive a permit to carry a concealed weapon.
Outstanding. I was born and raised in California and the restrictive gun laws there always chafed a bit (though I later moved to Arizona, where things were better). Although the gun laws in CA have ratcheted ever-more-restrictive over the years (“assault weapons” ban, .50 BMG ban, etc.) it’s nice to see a combo-breaker in the form of this case.
Honestly, this decision (and the recent one out of Illinois that struck down the prohibition on carry) is something I did not expect: I’ve been so used to states like California having increasingly restrictive gun laws, even in the wake of Heller and McDonald, that I more or less gave up hope for those states. I am pleasantly surprised and, to paraphrase Sebastian, I hope this is a step in bringing certain states back to America.
I will also join in with everyone else congratulating Clayton Cramer for having two of his law review articles cited by the court.
Although court decisions like this one are baby steps, they’re steps in the right direction and lay down a good legal precedent for the future.
Update 1: Bob Owens has some choice quotes from the decision here.
Naturally, the Brady Campaign is not happy. They statement claims that, “Neither history or precedent supports this aberrant, split decision that concocts a dangerous right of people to carry hidden handguns in public places to people whom law enforcement has determined that they have no good cause or qualifications to do so.”, which is somewhat strange since the court has, in support of its decision, cited numerous historical and legal precedents. Do the Brady’s offer any sort of citations to legal precedent, court decisions, or historical claims in support of their position? No, they go straight to emotional arguments: “The parents of Jordan Davis and Trayvon Martin, whose children were killed by licensed concealed-carry holders, could educate the Court about the real dangers posed by this legal error.” That’s pretty weaksauce, even for the Brady’s.