Attorney David Chesley's Criminal Defense Blog

Victory in the Courts for Gun Rights Advocates in California

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On Thursday, the 20th, A federal appeals court overturned some restrictions that will allow gun owners to carry a concealed weapon. The majority of votes said that the restrictions imposed on gun owners are in violation of the 2nd amendments right to bear arms.

This decision is being celebrated by gun rights advocates all over, who said that citizens should have the right to carry protection in public. The advocates of stricter gun control have described this new ruling as a reckless expansion of law that will only lead to more violence.

California, which has some of the strictest firearm laws in the country allows residents to carry a concealed weapon only after meeting several requirement, these requirements include completing a training course and establishing a “good cause” to carry the weapon.

In some parts of California, such as the San Diego County, the ability to carry a concealed was gone altogether. Unless the applicant could demonstrate a specific risk or a special need in order to establish “good cause” for carrying a concealed weapon. This new ruling may see an end to such restrictions in the future.

California’s gun control rules will remain in place in the near future, however officials in San Diego County are in talks of requesting a rehearing before a bigger 9th circuit panel. Experts are predicting that the issue will be eventually be decided by the U.S. Supreme court.

Thursday’s decision originated from a state law that was placed in 2012 that took away citizen’s rights to carry unloaded firearms in public, as long as the ammunition is carried separately. Before that law took place in 2012, courts would regularly uphold many restrictions on carrying concealed firearms. Many Gun owners have argued that the law and the many restrictions were making it almost impossible for a law abiding citizen to defend himself in a public place.

Adam Winkler, a UCLA professor and an expert on gun laws, refers to the ruling as “a huge victory for gun owners in California.” When asked about the 2012 law banning the carrying of concealed weapons, Winkler said: “Gun control advocates have no one but themselves to blame for this ruling. You have to give someone some option to carry a gun.”

What are your thoughts on the subject of carrying concealed weapons?

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