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2nd Amend. Litigation Updates & Legal Discussion Discuss California 2A related litigation and legal topics here. All advice given is NOT legal counsel. |
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#1
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With the Bruen ruling on the horizon, I started thinking about how it may apply to other permits and situations. For instance, California, obviously, has many restrictions in place but does issue a permit that allows ownership of the restricted firearm.
Is it possible that Bruen would remove any good cause requirement for other permits?
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#2
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No one can answer that until the opinion is issued and the language it uses. It will probably NOT deal with allowable firearms since that is not within the scope of the issue submitted, the briefs, or the argument.
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#3
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From the limited information I can find, it seems the dangerous weapons permit is rarely issued, and mostly to businesses or armories for movies due to the good cause requirement. I know Bruen is dealing with CCW but it also involved good cause. I was just thinking about how it could carry over to other permits that also require good cause.
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#4
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Strict scrutiny will change everything, eventually, provided you live that long.
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Estate Planning for Gun Owners - @guntrust on most social nets FREE gun training: http://guntrust.org Click here for my latest article on CA gun trust planning (also my radio ads) |
#6
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Bruen reaffirmed Heller. Heller acknowledged the 2A as an Individual Right, for self defense within the home.
Bruen Acknowledged that Self Defense doesn't stop at the front door and expands the right to all but "Sensitive Places" in Public with government interest only very narrowly tailored ie. Strict Scrutiny. |
#7
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The opinion in full is on the SC web page. I did scan it fast for all the pertinent information. Suffice it to say there will be plenty of daylight in this opinion for the appeals courts to keep up their usual mischief with other things like magazine limits…
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#8
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Nothing will happen in CA because of this. We won, they lost, but they will make a new law that will also go to SCOTUS and we will have no changes until that one is decided, if they lose again, they will make a law that will go to SCOTUS and nothing changes.
Anyone that thinks this win will change anything is a dreamer. Sheriff Brown of SB County certainly will NEVER issue a CCW, EVER !!! We win the battles, but that is how they will win the war, keeping us in court. |
#9
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We may not get the answer we want, but Bruen would never have been that regardless of outcome.
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The Rifle on the Wall "“[S]cientific proof” of both gun-rights and gun-control theories “is very hard to get”; therefore, requiring “some substantial scientific proof to show that a [firearm] law will indeed substantially reduce crime and injury” is tantamount to applying strict scrutiny to, and almost certainly will lead to invalidation of, the law." - Kamala Harris Lawyers and their Stockholm Syndrome |
#10
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Meanwhile my permit renewal sits, unreviewed… |
#11
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California declared itself a rogue state immune to federal laws and requirements a long time ago. I doubt you will see any changes here for the better.
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#12
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GVRs do not require this. That said, I expect it will be an uphill battle in CA, regardless.
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The Rifle on the Wall "“[S]cientific proof” of both gun-rights and gun-control theories “is very hard to get”; therefore, requiring “some substantial scientific proof to show that a [firearm] law will indeed substantially reduce crime and injury” is tantamount to applying strict scrutiny to, and almost certainly will lead to invalidation of, the law." - Kamala Harris Lawyers and their Stockholm Syndrome |
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