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Federal Court Strikes down San Diego Requirements of Showing “Good Cause” to Get a Concealed-Carry Gun License

In a ruling that gave a jolt to gun-control advocates, the 9th U.S. Circuit Court of Appeals voided San Diego’s requirements that applicants for concealed-carry gun licenses show “good cause” before being issued a permit to carry a concealed weapon. The 2-1 bench held that California’s rules violate the Second Amendment’s right to bear arms.

For long, counties and local authorities in California had used the “good cause” requirement and other requirements like proving good moral character, and taking a training course in handling guns as part of the process of issuing licenses to carry concealed weapons. The present ruling takes away the rights of local authorities, including counties in California to add any restrictions to issuing gun permits.

While the ruling brought cheers from pro-gun activists and supporters of the right to bear arms, at the same time it brought criticism from the pro gun control lobby. The ruling can still be appealed and San Diego can appeal the ruling before an 11-judge panel of the 9th Circuit.

San Diego’s gun control policy required to prove “a set of circumstances that distinguish the applicant from the mainstream and causes him or her to be placed in harm’s way.” However, the policy, also said that concern for “one’s personal safety alone is not considered good cause.” Pursuant to its policy, anyone applying for a gun permit in San Diego had to provide full documentation including letters from law enforcement or prosecutors, and/or restraining orders to prove special need for self-protection.



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Considering such a gun-control policy to be too restrictive, some San Diego residents and the California Rifle and Pistol Association challenged the policy in court. Ultimately, the 9th Circuit struck down the restrictions.

Chuck Michele, the attorney for the California Rifle and Pistol Association said “California will join the vast majority of other states that now (freely) issue permits to people for self-defense.”

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Posted by on February 14, 2014. Filed under Legal News. You can follow any responses to this entry through the RSS 2.0. You can skip to the end and leave a response. Pinging is currently not allowed.

 

 

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