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SF Chronicle; The Supreme Court might not have struck down California gun restriction

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  • #16
    AlmostHeaven
    Veteran Member
    • Apr 2023
    • 3808

    Originally posted by jcwatchdog
    I guess Gavin doesn?t qualify then. Prior drug addict and adulterer.
    Governor Newsom needs not personally carry any guns. He has a whole entourage of men, armed with weapons prohibited to ordinary citizens, defending him.
    A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

    The Second Amendment makes us citizens, not subjects. All other enumerated rights are meaningless without gun rights.

    Comment

    • #17
      natman
      Member
      • Mar 2010
      • 180

      Originally posted by abinsinia
      It looks like the article it says that "Good Moral Character" is good to go and is legal.

      "... actions indicating a possible propensity for violence, moral turpitude, drug and/or alcohol abuse, carelessness with weapons, and/or dishonestly"

      SB2 removes GMC , but puts in it's place something very similar.
      SCOTUS made it quite clear in Bruen:

      Rather, it appears that these shall-issue regimes, which often require applicants to undergo a background check or pass a firearms safety course, are designed to ensure only that those bearing arms in the jurisdiction are, in fact, ?law-abiding, responsible citizens.? ...And they likewise appear to contain only ?narrow, objective, and definite standards? guiding licensing officials, ... rather than requiring the ?appraisal of facts, the exercise of judgment, and the formation of an opinion,? ?features that typify proper-cause standards like New York?s. NYSRPA V Bruen page 30, footnote 9

      Rather than following SCOTUS' clear direction that criteria for issuing a CCW must be "narrow, objective, and definite", rogue states like CA and NY say Bruen removed subjective criteria for the REASON, but didn't address Good Moral Character, so we'll still use it as a catchall reason to deny whoever we feel like.

      It's more of the same, rather than follow the rule of law, they do what they want and invent some excuse to justify it.

      Comment

      • #18
        Rickybillegas
        Senior Member
        • Nov 2022
        • 1534

        Unfortunately for Californians, this will probably go on for a while.
        Counties and Municipalities that are 2nd amendment friendly will continue to determine GMC narrowly, while the Blue Issuing authorities will use it to strangle citizens with the most stringent GMC interpretations. Kind of how it was before Bruen with good cause.

        I wonder if CRPA has aim at this in their impending suit against SB2.

        Comment

        • #19
          Bhobbs
          I need a LIFE!!
          • Feb 2009
          • 11847

          What SCOTUS says is irrelevant because lower courts don’t care what SCOTUS says, SCOTUS has no enforcement mechanism and no desire to answer any direct challenge to their authority. Not to mention the tendency to load their rulings with gray areas large enough to drive a bus through and dicta that undermines their core holdings.

          Comment

          • #20
            Jimi Jah
            I need a LIFE!!
            • Jan 2014
            • 17918

            The right to keep and bear arms shall not be infringed.

            Besides being wrong and making up law out of thin air, the SC cannot read nor comprehend English.

            A 5th grader could do better.

            Bring on the revolution. This government is tyranical.

            Comment

            • #21
              flyer898
              Senior Member
              • Feb 2009
              • 2013

              I read the decision: it is a tortured attempt to ignore Bruen, and it does ignore most other Supreme Court precedent. It would probably be counterproductive to take it up to the California Supreme Court; while this decision is binding on all state trial courts, it does not bind the Courts of Appeal in other districts. Were it to be affirmed by the California Supreme Court, it would be binding precedent in all California courts.
              If we get what we are hoping for from the 9th Circuit or the Supreme Court it is effectively moot.
              Just pray that Thomas and Alito stay healthy until we have a republican president.
              Never argue with a fool, onlookers may not be able to tell the difference. So said somebody but not Mark Twain
              "One argues to a judge, one does not argue with a judge." Me
              "Never argue unless you are getting paid." CDAA
              "I learned long ago, never to wrestle with a pig. You get dirty, and besides, the pig likes it." George Bernard Shaw

              Comment

              • #22
                Rickybillegas
                Senior Member
                • Nov 2022
                • 1534

                Originally posted by flyer898
                I read the decision: it is a tortured attempt to ignore Bruen, and it does ignore most other Supreme Court precedent. It would probably be counterproductive to take it up to the California Supreme Court; while this decision is binding on all state trial courts, it does not bind the Courts of Appeal in other districts. Were it to be affirmed by the California Supreme Court, it would be binding precedent in all California courts.
                If we get what we are hoping for from the 9th Circuit or the Supreme Court it is effectively moot.
                Just pray that Thomas and Alito stay healthy until we have a republican president.
                Which decision are you referring to, Bruen?
                And when you refer to a 'tortured attempt' are you talking about CA SB2?

                Comment

                • #23
                  Dan_Eastvale
                  Calguns Addict
                  • Apr 2013
                  • 9452

                  I believe CA or any other state should be able to ask SCOTUS directly if it does or doesn't. Yes or no.
                  Final answer
                  No trillions of hours and legal funds wasted trying to interpret what they said.

                  Comment

                  • #24
                    AlmostHeaven
                    Veteran Member
                    • Apr 2023
                    • 3808

                    Originally posted by Dan_Eastvale
                    I believe CA or any other state should be able to ask SCOTUS directly if it does or doesn't. Yes or no.
                    Final answer
                    No trillions of hours and legal funds wasted trying to interpret what they said.
                    The Supreme Court has not granted a certified question in decades.
                    A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

                    The Second Amendment makes us citizens, not subjects. All other enumerated rights are meaningless without gun rights.

                    Comment

                    • #25
                      pacrat
                      I need a LIFE!!
                      • May 2014
                      • 10258

                      Originally posted by abinsinia
                      It looks like the article it says that "Good Moral Character" is good to go and is legal.

                      "... actions indicating a possible propensity for violence, moral turpitude, drug and/or alcohol abuse, carelessness with weapons, and/or dishonestly"

                      SB2 removes GMC , but puts in it's place something very similar.
                      Geeesh, that sounds exactly like a lot of YT videos covering LE across the country.

                      Comment

                      • #26
                        DolphinFan
                        Veteran Member
                        • Dec 2012
                        • 2561

                        How ironically they ignore that there is NO THT of a good moral character or any other requirement of the states CCW scheme.
                        The writer has an agenda.
                        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

                        • #27
                          AlmostHeaven
                          Veteran Member
                          • Apr 2023
                          • 3808

                          Originally posted by DolphinFan
                          How ironically they ignore that there is NO THT of a good moral character or any other requirement of the states CCW scheme.
                          The writer has an agenda.
                          Hardly any journalists nowadays believe in anything other than far-left ideological tenants. The entire field has self-sorted to an extreme degree.
                          A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

                          The Second Amendment makes us citizens, not subjects. All other enumerated rights are meaningless without gun rights.

                          Comment

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