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SB918 FAIL, Is CA now a Constitutional Carry State?

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  • DolphinFan
    Veteran Member
    • Dec 2012
    • 2584

    SB918 FAIL, Is CA now a Constitutional Carry State?

    With the current permit scheme unconstitutional and the failure of SB918,

    IS CALIFORNIA A CONSTITUTIONAL CARRY STATE?

    at least until they craft a lawful permitting system and "Sensitive Places" based on THT between 1789-1869?

    Discuss.
    10/15/2022 - Called to get on the list
    2/18/2023 - Interview set
    4/27/2023 - Class
    4/30/2023 - Live Scan
    5/9/2023 - Interview
    6/26/2023 - Approval Letter
    8/1/2023 - Issued
  • #2
    RickD427
    CGN/CGSSA Contributor - Lifetime
    CGN Contributor - Lifetime
    • Jan 2007
    • 9276

    Originally posted by DolphinFan
    With the current permit scheme unconstitutional and the failure of SB918,

    IS CALIFORNIA A CONSTITUTIONAL CARRY STATE?

    at least until they craft a lawful permitting system and "Sensitive Places" based on THT between 1789-1869?

    Discuss.
    Nope. California is not yet a Constitutional Carry State.

    The NYSRPA case makes a very strong argument that California's CCW statute is unconstitutional, but there has not yet been any finding that it is unconstitutional.

    California was not a party to the NYSRPA case and is not bound by its holding.
    If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life.

    Comment

    • #3
      tanks
      Veteran Member
      • Dec 2014
      • 4038

      Originally posted by RickD427
      ,,,

      California was not a party to the NYSRPA case and is not bound by its holding.
      Supreme court decision is applicable to the whole country. You are confusing it with the appeals court cases that are applicable to the region.

      That being said CCW procedures and rules still apply minus the good cause statement.

      Still need a permit and still can't carry on school grounds even with a permit.
      "... when a man has shot an elephant his life is full"- John Alfred Jordan
      "A set of ivory tusks speaks of a life well lived." - Unknown

      Comment

      • #4
        B yond
        Senior Member
        • Dec 2007
        • 575

        CA is now a "shall issue" state.

        You still have to ask permission and you still have to pass a background check, pay your hard-earned money, jump through the hoops, and wait for approval.

        Constitutional carry wouldn't require a permit.
        "What concealed weapon? This identifies as an emotional support device."

        Comment

        • #5
          My600
          Member
          • Oct 2020
          • 183

          CA will NEVER be a Constitutional Carry State. NEVER

          Comment

          • #6
            homelessdude
            CGN/CGSSA Contributor
            CGN Contributor
            • Aug 2013
            • 2143

            IT is an improvement on the old system that the state didn't want to concede. All those counties that refused to issue permits are supposed to start doing so. Thankfully the crap that Newsom wanted was voted down last night. In the counties that issued nothing changes. The others will need to join them.

            Comment

            • #7
              DolphinFan
              Veteran Member
              • Dec 2012
              • 2584

              10/15/2022 - Called to get on the list
              2/18/2023 - Interview set
              4/27/2023 - Class
              4/30/2023 - Live Scan
              5/9/2023 - Interview
              6/26/2023 - Approval Letter
              8/1/2023 - Issued

              Comment

              • #8
                RickD427
                CGN/CGSSA Contributor - Lifetime
                CGN Contributor - Lifetime
                • Jan 2007
                • 9276

                Originally posted by tanks
                Supreme court decision is applicable to the whole country. You are confusing it with the appeals court cases that are applicable to the region.

                That being said CCW procedures and rules still apply minus the good cause statement.

                Still need a permit and still can't carry on school grounds even with a permit.
                Nope.

                You're very correct that Supreme Court cases are binding nationwide.

                That's not where you made your mistake.

                Your mistake is that California's CCW statute was not tested by the NYSRPA case. The holding of NYSRPA makes it pretty clear that California's CCW statute will not withstand such a test.

                But it ain't been fully tested yet. Miller v Bonta is currently working its way through the system, but we'll have to wait until its concluded to know the answer.
                Last edited by RickD427; 09-01-2022, 10:59 AM.
                If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life.

                Comment

                • #9
                  Librarian
                  Admin and Poltergeist
                  CGN Contributor - Lifetime
                  • Oct 2005
                  • 44685

                  Already being discussed in the Politics and Activism forum.
                  ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

                  Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

                  Comment

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