Wednesday, May 18, 2011

California: Land o' Fruits, Nuts, Flakes, Bad Judicial Decisions, and Gun Bans

Federal judge rules against Calif. gun advocates

A federal judge ruled Monday there is no constitutional right to carry a hidden gun in public - a decision that dealt a setback to gun-rights advocates who had challenged how much discretion California law enforcement officials have in issuing concealed weapons permits.

U.S. District Court Judge Morrison England Jr. in Sacramento supported a policy by Yolo County Sheriff Ed Prieto that says applicants must have a reason, such as a safety threat, to legally carry a concealed weapon in his county northwest of Sacramento.

. . .

England signed the ruling Friday and it filed in court on Monday.

. . .

[Alan] Gura filed a notice Monday saying the groups will appeal Judge England's decision to the 9th U.S. Circuit Court of Appeals in San Francisco.

Gura had argued that Prieto's policy gives the sheriff arbitrary discretion over a fundamental constitutional right to bear arms.

England countered that California law currently lets gun owners carry an unloaded weapon so it can be quickly loaded and used in self-defense if needed.

As a result, "Yolo County's policy does not substantially burden plaintiffs' right to bear and keep arms," England wrote in his 16-page decision.
Talk about ignoring reality, the Constitution, Heller and MacDonald. Thanks Judge. Glad I'm not in California.

With luck, and acceptance of certiorari, this case will push forward through the 9th and up to the Supreme Court and get this lousy decision, that essentially restrict Heller to bearing arms in the home then decides the ban is not a substantial burden on the right to keep and bear arms, reversed.

In the decision, the judge also concludes that a decision to issue based on "Good Cause" and "Good Moral character" is not void for vagueness and then it is not a violation of equal protection as some might meet these undefined requirements and some might not. Well, ok then.

The decision is (available for viewing here).

But wait, there's more: The Judge's dubiously-reasoned decision is absolutely predicated on the fact that California allows unloaded pistols to be openly carried and thus people aren't substantially burdened. So what does the California Assembly do the very same day the decisions comes out?

Calif Assembly bans open carrying of unloaded guns.


1 comment:

Scott said...

Sounds like this judge needs to meet Sgt. Tueller. Then he will see how foolish his "unloaded carry" argument is.

As to the legislature - tar and feathers comes to mind. But that's probably too uncivilized. I think God is going to have to handle California for us - the amount of stupidity there is too large for mere mortals to handle.