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State wide CCW

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  • spdtiger
    Member
    • Jan 2010
    • 331

    State wide CCW

    I heard there is a state wide CCW is this true, I overheard a person claiming to be Judge talk about it to his constituents while I was at a Togos in down town san jose
  • #2
    CMonfort
    Member
    • Dec 2009
    • 464

    Not yet in practice, but the NRA/CRPAF did obtain a ruling in from the 9th Circuit Court of Appeals last week announcing that the Second Amendment protects an individual right to carry a firearm in public for self-defense, and that self-defense is the only "good cause" that law-abiding individuals need to obtain a CCW.

    A full discussion of this case is available here:

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    • #3
      Fizz
      Senior Member
      • Feb 2012
      • 1473

      My understanding is the decision only directly affects San Diego. Other counties will need to sue and cite the case and get action that way unless the Sheriff of the county decides to abide by the decision as it stands on his own accord (unlikely).

      Even San Diego hasn't fully accepted the decision yet. SD Sheriff "Douchebag" Gore is purportedly consulting with Attorneys and delaying the processing of anyone's CCW that wouldn't have met the status quo of "Good cause" until they determine how the decision affects them.

      So, no the State isn't Shall Issue.

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      • #4
        Mayor McRifle
        Calguns Addict
        • Dec 2013
        • 7661

        Originally posted by spdtiger
        I heard there is a state wide CCW is this true, I overheard a person claiming to be Judge talk about it to his constituents while I was at a Togos in down town san jose
        Maybe he meant that once an unrestricted CCW permit is issued in your county of residence, it is valid anywhere in the state (except for statutory exclusions like federal buildings, etc.).
        Anchors Aweigh

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        • #5
          CMonfort
          Member
          • Dec 2009
          • 464

          Our office will be publishing an alert describing the impact of this case and "what happens next" in the next few days.
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          • #6
            fatninja
            Junior Member
            • Dec 2013
            • 31

            As I understand law, anything ruled in a higher level court(which the 9th district court of appeals is) takes precedent over the states it oversees.

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            • #7
              spdtiger
              Member
              • Jan 2010
              • 331

              Originally posted by Mayor McRifle
              Maybe he meant that once an unrestricted CCW permit is issued in your county of residence, it is valid anywhere in the state (except for statutory exclusions like federal buildings, etc.).
              ok so I have to apply for an unrestricted CCW, my understanding is that once you get a CCW it only applys for the county that you preside in.
              Am I wrong?

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              • #8
                Sticka
                Member
                • Jun 2012
                • 289

                Yes.


                If you have a CCW it is valid throughout the whole state.
                .


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                • #9
                  riderr
                  Calguns Addict
                  • Sep 2013
                  • 6550

                  Originally posted by Fizz
                  My understanding is the decision only directly affects San Diego. Other counties will need to sue and cite the case and get action that way unless the Sheriff of the county decides to abide by the decision as it stands on his own accord (unlikely).

                  Even San Diego hasn't fully accepted the decision yet. SD Sheriff "Douchebag" Gore is purportedly consulting with Attorneys and delaying the processing of anyone's CCW that wouldn't have met the status quo of "Good cause" until they determine how the decision affects them.

                  So, no the State isn't Shall Issue.
                  The ruling directly applies to San Diego County only, however it's binding for any similar law suit in a court that is in the 9th circuit jurisdiction. In other words, if tomorrow a similar law suit is filed again Los Angeles County, the federal judge will have no choice but rule it in the same way the 9th circuit did.

                  I am sure all the Sheriffs and Chiefs of Police understand it clearly. They don't want to waste the taxpayers money either.

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                  • #10
                    Librarian
                    Admin and Poltergeist
                    CGN Contributor - Lifetime
                    • Oct 2005
                    • 44630

                    Originally posted by spdtiger
                    ok so I have to apply for an unrestricted CCW, my understanding is that once you get a CCW it only applys for the county that you preside in.
                    Am I wrong?
                    That's wrong.

                    The LTC is a state-wide license, issued by local Sheriffs and Chiefs of police.

                    There are two very rare versions of LTC, an 'open carry' available in counties with less than 200,000 population, and a 90-day 'business related' LTC, each of which is restricted to the county where issued.

                    Last I read, there were none of the 'open carry' versions active, and just a few of the 'business' ones.

                    See also http://www.calguns.net/calgunforum/s...d.php?t=388997

                    Since this actually an LTC question, please take further discussion to the LTC 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!

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