San Diego, CA—Yesterday Sheriff Bill Gore announced that he wouldn’t appeal the decision in Peruta vs. County of San Diego.
That of course was the ruling that struck down California’s ability to obstruct the issuance of Concealed weapon permits to law-abiding people requesting them.
The permits were nearly impossible to obtain in the counties with the most populous jurisdictions. Officials had the power to arbitrarily and capriciously deny permits. Only the politically powerful, very wealthy or connected applicants got the permits.
Some California Sheriffs would routinely and nefariously sell the permits to their campaign contributors.
Under the now invalidated law CCW permit applicants had to prove “moral fitness” and a compelling need for the added protection. Those nebulas factors were so incredibly vague that they were void. California sheriffs and police chiefs got away with violating the Second Amendment rights of citizens for decades.A number of plaintiffs sued and when the case reached the Ninth U.S. Circuit Court of Appeals invalidated California’s long-standing but unconstitutional concealed weapon permit law.
The reason for not appealing the case to the U.S. Supreme Court is that the high court’s recent rulings in the Heller and McDonald cases would mean certain defeat for the gun ban.
By not appealing it the gun banners are seeking to avoid further damage to their ability to regulate the permits and violate the privacy of applicants.
Politicians in a few other Leftists run states don’t want SCOTUS making yet another ruling that would have an immediate impact on their own various gun bans. There’s no doubt that these other jurisdictions have been in communication with California gun ban proponents.
Just what hat does this all mean right now for California’s millions of gun owners?
It means that prosecution of cases involving the carrying of concealed weapons by otherwise law-abiding people is impossible. The law was invalidated pure and simple.
California must now rewrite their law to cure the defect. They can’t just simply create new obstacles to replace the old ones.
Until then Constitutional carry will be the law of the land. I’m sure a few cops will make some bogus arrests that will fail in court later.
Anyone currently charged with a CCW offense would be crazy to enter into a plea agreement. Litigating the matter citing Peruta vs. County of San Diego along with the Heller and McDonald cases would bring certain vindication.
There are still serious issues with non-California residents and thousands of security guards with so-called Exposed Weapon Permits that need to be addressed.
It would save California taxpayers millions if the simply took the exposed weapon permits and relabeled them additionally for concealment. The holders of these permits have already completed background investigation and training requirements. No need to do anything with these permits but to simply rename them carry permits that allows both exposed and concealed carry.
There is no reason to redundantly relicense thousands of security guards and private investigators to deal with parallel requirements and costs. California’s Bureau of Investigative and Security Serviceshas already satisfied any and all present or future needs.
The BISS weapon permit program that’s already in place has more than adequately addressed all of the public safety needs and Constitutional questions.
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