In a win for Second Amendment rights advocates and a blow to California gun control measures, a federal judge ordered the state accept concealed carry permit applications from out-of-state resident on Thursday, Aug. 22. After the U.S. Supreme Court struck down many states’ gun restrictions that did not align with the United States’ “historic tradition of firearms regulations,” California passed a handful of laws to restrict the ability of citizens to carry weapons in public.
One of those laws passed in the Golden State barred out-of-state residents from applying for concealed carry permits. However, gun rights groups challenged that restriction, saying that it failed the U.S. Supreme Court’s historical test.
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District Judge Sherilyn Peace Garnett agreed with that argument, noting that the state had not found any past laws showing such limits are “part of a historical tradition of this nation.”
Garnett also ruled that California’s waiting time for permits is too long and unconstitutional. Residents in the state can reportedly wait up to 18 months to get concealed carry permit.
Additionally, the lawsuit challenged exorbitant fees, required psychological exams and discretionary denials. However, Garnett said these issues will have to wait until she can review the merits of the entire case.
California is expected to appeal the preliminary injunction and request a stay on the ruling.
Tags: California, Constitution, Gun control, Gun laws, Gun safety, Guns, New York State Rifle & Pistol Association v. Bruen, Second Amendment, Supreme Court, United States, Weapons
[LAUREN TAYLOR]
SECOND AMENDMENT ADVOCATES SCORED A WIN THIS WEEK AGAINST CALIFORNIA GUN CONTROL MEASURES.
A FEDERAL JUDGE ORDERED THE STATE ACCEPT CONCEALED CARRY PERMIT APPLICATIONS FROM OUT-OF-STATE RESIDENTS.
FOLLOWING THE SUPREME COURT’S RULING IN THE BRUEN GUN CASE, WHICH STRUCK DOWN MANY STATE GUN RESTRICTIONS THAT DID NOT ALIGN WITH THE U-S’ “HISTORIC TRADITION OF FIREARMS REGULATIONS,” CALIFORNIA PASSED A HANDFUL OF LAWS TO RESTRICT THE ABILITY OF CITIZENS TO CARRY IN PUBLIC.
ONE OF THOSE LAWS BARRED OUT-OF-STATE RESIDENTS FROM APPLYING FOR CONCEALED CARRY PERMITS.
GUN RIGHTS GROUPS CHALLENGED THAT RESTRICTION, SAYING IT FAILED THE SUPREME COURT’S HISTORICAL TEST.
DISTRICT JUDGE SHERILYN PEACE GARNETT AGREED NOTING THE STATE HAD NOT FOUND ANY PAST LAWS SHOWING SUCH LIMITS ARE QUOTE “PART OF A HISTORICAL TRADITION OF THIS NATION.”
GARNETT ALSO RULED THE STATE’S WAITING TIME IS TOO LONG AND UNCONSTITUTIONAL.
CALIFORNIA RESIDENTS CAN WAIT UP TO 18 MONTHS TO GET A PERMIT.
THE LAWSUIT ALSO CHALLENGES EXORBITANT FEES, REQUIRED PSYCHOLOGICAL EXAMS AND DISCRETIONARY DENIALS– BUT THE JUDGE SAYS THESE ISSUES WILL HAVE TO WAIT UNTIL SHE CAN RULE ON THE ENTIRE CASE.
CALIFORNIA IS EXPECTED TO APPEAL THE PRELIMINARY INJUNCTION AND REQUEST A STAY ON THE RULING.
FOR MORE ON THIS DEVELOPING CASE– DOWNLOAD THE STRAIGHT ARROW NEWS APP OR VISIT SAN DOT COM.
FOR STRAIGHT ARROW NEWS– I’M LAUREN TAYLOR.
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