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Editorial: Gun control about to get harder


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Publisher’s note: This editorial is from the Feb. 18., 2014, Los Angeles Times.

Even if you accept the notion that the Second Amendment confers an individual right to bear arms — a proposition we wish the Supreme Court had rejected — states should be able to place reasonable restrictions on that right in the interests of public safety. One such restriction is California’s requirement that permits to carry a concealed weapon be issued only for “good cause.” Last week, a federal appeals court needlessly weakened that provision.

By a 2-1 vote, a panel of judges of the U.S. 9th Circuit Court of Appeals ruled in favor of five residents of San Diego County who had challenged the county’s interpretation of the good cause requirement, which denies permits to applicants who can’t cite some specific threat to their safety.

In his dissent last week, 9th Circuit Judge Sidney Thomas rightly argued that his colleagues should have confined their inquiry to the questions of whether the Second Amendment protected the concealed carrying of handguns in public and whether San Diego’s rules infringed on that right. That approach would have yielded a different result.

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Comments (36)
  1. Scott Blumenthal says - Posted: February 27, 2014

    It is not just a “notion” that the second ammendment confers the right to bear arms. It is the law and our right. What a slanted biased op-ed article.

  2. Tahoehunter says - Posted: February 27, 2014

    The district court erred in denying the applicant’s motion for summary judgment on the Second Amendment claim because San Diego County’s “good cause” permitting requirement impermissibly infringes on the Second Amendment right to bear arms in lawful self-defense.

    REVERSED and REMANDED.

    The Ca legislature made this happen when they hastily passed the open carry ban, because of the tight conceal carry laws it basically took the right to self defend outside of the home away, the 9th really had no choice but to rule this way. This ruling will have a huge impact on other states conceal carry laws as well, everyone can thank the California Legislature for this!

  3. Moral Hazard says - Posted: February 27, 2014

    They continue down the path of gun control knowing that they cant fund the actual problem which is mental health treatment and crime prevention. The vast majority of gun deaths are caused by criminals and the insane. We don’t want to deal with the causes crime or mental health because its hard and expensive. So instead they pass meaningless legislation trying to take away my ability to own and carry firearms. Its a shell game. Don’t look under the curtain…..

  4. Tahoehunter says - Posted: February 27, 2014

    A successful appeal is highly unlikely…

  5. Tahoehunter says - Posted: February 27, 2014

    CA county Sheriff’s Departments basically have two options to issue CCW’s based on “lawful self defense” at this time:

    1) Comply with the law.

    2) Ignore the law and refuse to comply for a short time, lose in court, pay costly fees and damages, and then be ordered by the court to comply with the law.

    Several southern CA Sheriff’s departments have already come out and said they will comply.

  6. rock4tahoe says - Posted: February 27, 2014

    Scott. So are there any limits at all on the number or type of “arms” a person can bear?

    Moral. Was Zimmerman mental? Mike Dunn? Curtis Reeves?

  7. hikerchick says - Posted: February 27, 2014

    If you have access to HBO, watch the current Real Sports segment on marketing guns to children as young as five years old. Real guns, not pretend ones.

  8. rock4tahoe says - Posted: February 27, 2014

    Chick. We live in a gun loving society.

  9. Tahoehunter says - Posted: February 27, 2014

    We live in a gun society, there are an estimated 200 million privately own guns and 350 million total, just in the U.S., this is a bell that can not be un-rung, whether you are for or against, it does not matter, but, if you want the option to self defend yourself or your family, you should be able to.
    There are unscrupulous manufacturers out there, absolutely, just like any thing else that involves money, they have no soul or shame, but, they’re not all bad either, there’s a lot of good guys out there too!

  10. worldcycle says - Posted: February 27, 2014

    All my life I have been a peace loving pacifist hippie and anti-gun. Unfortunately in today’s world one may be a pacifist, yet can no longer be anti-gun. I now feel that all should be required to take gun safety classes and be allowed to carry guns. The wild west was not so wild as history bears out. Chances were if you started shooting indiscriminately, some law abiding citizen was going to shoot you. Instant Justice. Every day now the news reports of some nut case shooting someone just for the sheer pleasure of it. Yes, a scary thought, but in the end after the dust settles more guns would insure greater safety for the nut cases would be quickly eliminated and the wanna-be’s would think twice before committing any crimes. Food for thought.

  11. cosa pescado says - Posted: February 27, 2014

    I want to know the real reason why .22 rounds are so expensive now, if you can even find them.
    I suspect fear mongering gun nuts, preppers (people who buy into the fear), and shady people.
    That said, if I saw 2 bulk packs of .22, I would buy both of them.

  12. rock4tahoe says - Posted: March 1, 2014

    World. We have the most guns on the planet per capita. If more guns and arms meant “greater safety” we would not be in the sorry state we are in: 1 in 25000 killed via gun homicide and a life expectancy of 35th in the World. (ex. Japan 1 in 1 million killed via gun homicide/2nd in life expectancy)

    The problem is that gun lobbies don’t even want to restrict mental patients from getting guns or closing the gun show loopholes. So, we are doomed with the violence to continue.

  13. Tahoehunter says - Posted: March 5, 2014

    Richards v. Prieto (CCW) was decided this morning, “Reversed and Remanded for the reasons set forth in Peruta” And since AG Harris was notified in Richards and the court ruled on the same grounds it would seem her intervention request in Peruta is toast!

  14. go figure says - Posted: March 7, 2014

    the 2nd amendment has been so bastardized by the NRA and gun lovers I suppose you all think that you have the right to own and use a nuclear war head whenever you see fit. SAD.

  15. snoplease says - Posted: March 12, 2014

    @Worldcycle & go figure-So right your comment, I too used to feel this way, and I hope someday it can be well again…however our world is evolving, it is dangerous, resources for our mentally ill are cut everyday…You are so right about owning a weapon, it must be registered, it must be stored (I believe) with a bio (fingerprint) lock, and most important…YOU MUST BE TRAINED, not only on how and WHEN to use but how to not get yourself into situations to use it. I’ve had enough when my wife and I were assaulted and robbed in San Francisco with at gunpoint (a city with tight gun control), then the clerk here at our local gas station shot in cold blood, then across the street a teenager shot with a shotgun behind Jack in the box, a fatal stabbing at Stateline, IHOP massacre in Carson City, the shooting at Renown…yourselves SLT, assaults and murders statistically happen in less then two minutes, 911 will only be there to take the report. @Go figure…geez man your living in a dreamland dude, typical blowing the “gun” out of proportion dude, but I hope you never meet the bad man, he’s out there…

  16. cosa pescado says - Posted: March 12, 2014

    ^^^
    fear mongering

  17. snoplease says - Posted: March 12, 2014

    To all interested in securing your own protection…take the CCW class, learn, train, and defend. Our Eldorado County Sheriff supports our gun rights, he is there to issue to GOOD citizens…all others need not apply

  18. rock4tahoe says - Posted: March 12, 2014

    Sno. The NRA wants to just sell guns. They do not care about the death and destruction out there or they would be asking for restrictions on mental patients getting guns. Gosh, how to do that… universal background checks and closed gunshow loopholes. The NRA used to support both of those ideas, not now.

    There are “bad guys” everywhere. Somehow, other countries on this Planet have figured out how to keep people safe without an arms race on the streets.

  19. TahoeKaren says - Posted: March 12, 2014

    Also, taking a CCW class and obtaining a CCW does not mean that you have to carry a weapon, only that you legally CAN carry a weapon.
    Education is a great tool. Learn gun safety, how to shoot, how to properly (safely) store a weapon. And use your brain!

  20. Snoplease says - Posted: March 12, 2014

    @cosa, rock and tahoe- no cosa, just a believer on protecting myself and my family. I live in the real world, I hope you never have to face evil, I have, and I’m now trained and prepared, come up with your own views cosa, I’m not representing the NRA you brought that up Rock, I represent me, and Karen, yes your right you do not have to carry, and you prob shouldn’t own a gun or take the CCW class if your unsure, try taking the class, I bet you’ll be surprised at what you learn and the people who wish to have the priveledge to carry, you are all to quick to judge me, you just label me, you have no idea my backround or who I am, so therefore you label me as, oh as cosa says “fear mongering” right cosa? Far from the truth my friend, boy you all love to hate on people on this website, who’s really the fear mongers

  21. tahoeadvocate says - Posted: March 12, 2014

    Why is the 2nd amendment the only constitutional right you need a permit to use?

    Could it be that the only reason to require a list of gun owners is to either tax them or take them?

  22. cosa pescado says - Posted: March 12, 2014

    I don’t think you know how many people I know who carry. Guns don’t scare me. People like John scare me. I’m actually a pretty good shot, going through 3-5k rounds every year. Golf balls @40 yards, iron sights, standing. But I am not afraid of the world enough to keep a loaded gun. There is an element of fear that exists in certain parts of the gun culture. And it is increasing. And I think it is ridiculous. Examine yourself, it is there.

  23. snoplease says - Posted: March 12, 2014

    I dont have to cosa, if you read my whole statement earlier above and not only what you want to read, my wife and I were robbed at gunpoint in SF, so I don’t know about you but I’m not going to chance that again. I do have a heightened sense of my surroundings now, that does not make me fearful, only more alert sir

  24. cosa pescado says - Posted: March 13, 2014

    And what exactly would you do when someone already has a gun in your face? Outdraw the bad guy and shoot them? Sure you have training, but what about those high adrenaline situations? You train that hard? Be realistic. Even if you had a subcompact on you, the best solution to that problem is just give them your stuff. Don’t be delusional, you aren’t that good with a handgun to change the outcome of that situation if it happens again. And odds are that it won’t.

  25. snoplease says - Posted: March 13, 2014

    Whoa. Easy does it there cosa with your presumptions and accusations, you have no idea who I am or my training…both medical and tactical, I work in stressful situations every day caso. And for my training I shoot IDPA recreationally at least once a month and a diamond member at Front Sight, which I attend at least three times a year, I am trained in low and night time tactical situations. Gee cosa for someone who claims they shoot 3-5K rds a year…at golf balls… your highly critical of people who posses their CCW license, do you verbally assault and accuse all the others you claim you know who carry every day? You seem a bit hostile caso, I don’t think you should have ANY firearms with your quick temper and accusations of strangers…maybe we should all be afraid of you huh?

  26. Arod says - Posted: March 13, 2014

    snop,You are very naïve to think a gun will save you when you are in the heat of the moment. There was a study done placing trained individuals with a weapon in a lecture hall and an armed assailant attacking. All the trained folks were shot for various reasons. Unable to unholster the weapon from shaking so much from the adrenaline to just freezing in there tracks to completely missing the perp and hitting innocents. You might think you could handle the situation but you never really know. Had you had a weapon on that dreadful night do you think the outcome would have been different? Who knows your wife or you or the thief or all 3 of you could be dead. Must be tough to live in constant fear and feel the need for a gun.

  27. snoplease says - Posted: March 13, 2014

    No fear here Arod, another person here assuming and accusing. Yeah I’ve seen that video, there are several people that hit the bad guy, you gotta watch all of the videos my friend. And the guys playing the “bad guys” in those videos are trained swat team members. I would they have some edge and also the element of surprise. You people are so funny…”ONLY THE BAD GUYS SHOULD HAVE GUNS!, RESPONSIBLE CITIZENS SHOULDN’T HAVE THEM!” Now thats dilusional… Its my choice to carry Arod, and I do. Why do you all assume I’m some crazy gun toting bad guy? Oh, because thats all you can comprehend in your one sided views. You all ASSUME I’m going to present my weapon anytime I have a chance. My weapon is a last resort, my last ditch effort to save myself and/or my families lives. Its your choice to hide your head in the sand Arod and pretend bad stuff doesn’t happen, it does…No afraid here, just aware of my surroundings as you should be too.

  28. Arod says - Posted: March 13, 2014

    So Snoopy, Seriously, what would you do with your gun when the thief has his drawn and pointed at your wife? I did not say only bad guys should have guns. Where did that come from?

  29. cosa pescado says - Posted: March 13, 2014

    I haven’t assaulted you at all. The fact that you read that as such, and concluded that I am hostile, have a temper, and am someone we should be afraid of is more evidence that you do have deep seeded fear and paranoia of others.
    I think I asked some pretty legitimate questions. I would like to read the study Arod is referring to. Most cops don’t handle life and death situations well.
    I am a very peaceful, calm and rational person. I don’t shoot at human shaped targets like you do. That is pretty weird. I can even be cool when people ‘put words in my mouth’.
    ”ONLY THE BAD GUYS SHOULD HAVE GUNS!, RESPONSIBLE CITIZENS SHOULDN’T HAVE THEM!
    No one said that.
    What I am saying is that fear is a big motivator for you. IMO it is an irrational amount of fear, and I have seen it in lot of other gun people.

  30. snoplease says - Posted: March 13, 2014

    @Arod-Prob give him my money again, if its a gun again, $20 bucks not worth my life, if he’s gotta knife, I’m drawing and presenting my weapon, putting my wife behind my as I walk away, if he still comes at me…I shoot to stop the threat.

    My apologies for the statement, however most people with your views DO think that

  31. snoplease says - Posted: March 13, 2014

    @cosa-you’ve been making false assumptions about me the whole time cosa. And both of you play this “I’m afraid thing” where does that come from? You just assume that if someone has a CCW and carries everyday is scared?? You ridicule me for carrying my weapon to be ready, to defend? Again, you don’t even know me. I’m super peaceful to cosa, I’m just defending my views and your jabs at my character.

  32. rock4tahoe says - Posted: March 13, 2014

    TAHOEHUNTER. Just another reason to avoid Idaho. If more guns really equaled more security, we would not be having this conversation since with are the most armed Nation on the Planet per capita. Again. In America your chance of death via gun homicide is 1 in 25000, Japan 1 in 1,000,000. Japan is #2 in Life Expectancy on the Planet, America is #37.

  33. Tahoehunter says - Posted: March 13, 2014

    @ rock4tahoe, I like Idaho! LOL just kidding!
    I understand what you are saying, there are way to many guns here in the US to ignore though, like it or not you may have to deal with one someday, that’s not a good thought but it is a reality.

  34. rock4tahoe says - Posted: March 13, 2014

    TAHOEHUNTER. Been there done that.

  35. Tahoehunter says - Posted: March 27, 2014

    http://www.latimes.com/local/la-me-yee-arrest-20140327,0,3801978.story#axzz2xDYz25FL

    According to an affidavit, Yee discussed with the undercover agent how to obtain weapons worth $500,000 to $2.5 million from a Muslim separatist group in the Philippines and bring them to the United States.
    Lee is the leading Ca politician for gun control bills (over 100 bills introduced by him) and he turns out to be a gun runner himself, wow!