By Dr. Ray Kessler, who is, incidentally, a retired Prof. of Criminal Justice, former defense attorney and prosecutor is your host. I am also a part-time instructor in Criminal Justice at Richland College, an outstanding, 2-year institution in Dallas, TX.
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Friday, February 14, 2014
Victory for Second Amendment Rights
The Ninth Circuit handed the Second Amendment a victory when it invalidated San Diego's requirement that concealed carry applicants are required to show "good cause". San Diego officials contended that one's personal safety was not a good cause.
Aside fromthe oddity of that sort of rational decision coming from the 9th Circuit, what's notable is the size of the area of its jurisdiction. IIRC, it goes from Montana down through Arizona.
My recollection of California's concealed carry is that county sheriffs decided who could carry, which was driven by these elected officials' personal beliefs. When I lived in San Berdardino County, I was told the sheriff was pro-carry and provided good cause for any law abiding CCW applicant. Folks weren't so fortunate, even with strong cause, in Los Angeles County. The exception in LA county being politicians and entertainers of which the majority were bleeding heart liberals.
44 & Anon: Thanks for the comments. Re CA, this is one of the problems with vague statutes that are to be administered by city and county officials. The standards are so vague that decisions end up being made on ideological or personal favor/animosity grounds. Of course it can happen on all levels of government, but at the local level it means folks in 1 city or county are subjected to wildly different standards. The exercise of constitutional rights should never be conditional on these types of conditions.
Aside fromthe oddity of that sort of rational decision coming from the 9th Circuit, what's notable is the size of the area of its jurisdiction. IIRC, it goes from Montana down through Arizona.
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Anon:
ReplyDeleteThanks for the comment. I assume that you are referring to the fact that the 9th Circuit is the most liberal and thus usually anti-gun.
My recollection of California's concealed carry is that county sheriffs decided who could carry, which was driven by these elected officials' personal beliefs. When I lived in San Berdardino County, I was told the sheriff was pro-carry and provided good cause for any law abiding CCW applicant. Folks weren't so fortunate, even with strong cause, in Los Angeles County. The exception in LA county being politicians and entertainers of which the majority were bleeding heart liberals.
ReplyDelete44 & Anon: Thanks for the comments. Re CA, this is one of the problems with vague statutes that are to be administered by city and county officials. The standards are so vague that decisions end up being made on ideological or personal favor/animosity grounds. Of course it can happen on all levels of government, but at the local level it means folks in 1 city or county are subjected to wildly different standards. The exercise of constitutional rights should never be conditional on these types of conditions.
DeleteDrifting a bit, I think we need more judges like Lucius Bunton and fewer like Rose Byrd. More objectivity, less ideology.
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