9th. Circuit: California "May Issue" is Unconstitutional

[Savage Hands]

I knew this was going to happen when they banned Open Carry of handguns.

Hopefully they are going to issue to non-residents as well.

[joshs]

best part for me... it causes a circuit court split. which means SCOTUS has to take up a case, and there's apparently 2 in the pipeline right now. which means.... NJ's UNconstitutional just cause requirement might be thrown out in the not too distant future.

Not quite. I'm almost certain California will request a rehearing en banc. Which judges (the 9th. Circuit is so big that it isn't really en banc for rehearings) rehear will be very important to determine whether the panel decision survives. Also, the Supreme Court doesn't have to resolve circuit splits. There are occasionally splits that go unresolved for a number of years.

[TheTrevor]

Wow, the 9th even goes so far as to tear apart the other Circuits' decisions that went contrary on the issue! Holy holy holy smokes.

I would have posted sooner but I was savoring the complete evisceration of the other Circuits in the 9th's majority opinion. Holy cow did they give them the business.

[TheTrevor]

Bang... head shot.

Close -- head shot, followed by the Court standing over the twitching corpse and emptying a full magazine into its chest.

I was also amused at the weak and shrill dissenting opinion. You could almost smell the petulance.

[Skaaphaas]

Congrats guys. Wish our constitution had the same type of provisions.

How does your Circuit Court work, is the decision only binding in CA, or are other states bound to some extent?

[joshs]

Congrats guys. Wish our constitution had the same type of provisions.

How does your Circuit Court work, is the decision only binding in CA, or are other states bound to some extent?

Other states within the circuit are bound too, but the only other one likely affected is Hawaii.

[RoyGBiv]

Other states within the circuit are bound too, but the only other one likely affected is Hawaii.

Clarifying for Skaa: .... because the other States in the 9th circuit are already "Shall issue" (not including Guam and the Marianas)

[RoyGBiv]

More analysis... http://www.washingtonpost.com/news/v...a-gun-opinion/

[Don Gwinn]

Beautiful! A lot of people seemed to think we got that issue settled in the 7th Circuit in Moore v. Madigan, but that decision was not a clear condemnation of May-issue (not even California-style may-issue.)

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[Jason F]

And coming from the 9th!?! I'm shocked... Happy as all get out about it, but shocked that this happened in the 9th.