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California Gov. Enacts Ban on Open Handgun Carrying

dougwg

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Nov 29, 2007
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MOC Charter Member Westland, Michigan, USA
Maybe this is a temporary setback that might actually be a GOOD thing. In a recent court decision, Peruta v County of San Diego, the judge ruled that California's may-issue concealed carry requirements were not a violation of the 2nd Amendment because people could always carry an unloaded pistol openly and load it if needed for defense. Now, with that possibility removed, I think the court may reconsider their decision. I haven't taken a look at the California sub-forum of OCDO today, but I'm sure there will be discussion as to how they will proceed. The original decision can be found here:
http://ia600406.us.archive.org/23/items/gov.uscourts.casd.308678/gov.uscourts.casd.308678.64.0.pdf

I don't think it's a setback at all but rather a stepping stone.
 

Yance

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Sep 15, 2011
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Battle Creek, MI

Taken from the article. "It's a little disarming," she said. "This is such a quiet community. We don't expect things like this."

I remember another quote like this regarding the IHop shooting...funny how it happens where the antis believe no one needs a gun...And yet they still want to ban them. I just cant begin to comprehend how the antis and the brady campaign jokers can believe taking away everyones guns will make people safe. Mass shootings always seem to happen exactly where people, and even states, think no one will need a gun. When will these people open their eyes to the fact that if someone had one they could have saved maybe one life.
 

xmanhockey7

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Jun 15, 2010
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Taken from the article. "It's a little disarming," she said. "This is such a quiet community. We don't expect things like this."

I remember another quote like this regarding the IHop shooting...funny how it happens where the antis believe no one needs a gun...And yet they still want to ban them. I just cant begin to comprehend how the antis and the brady campaign jokers can believe taking away everyones guns will make people safe. Mass shootings always seem to happen exactly where people, and even states, think no one will need a gun. When will these people open their eyes to the fact that if someone had one they could have saved maybe one life.

In the Nevada IHOP shooting someone did have a gun, choose not to shoot the shooter though. My understanding is they weren't in the IHOP though.
 

NHCGRPR45

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May 30, 2010
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Chesterfield Township, MI
You also have to register all of the long guns a person owns:mad:. Wonderful little country they have isn't it? MAybe they should vote to join britain? At least they would have a firm beach head.
 

Yance

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Sep 15, 2011
Messages
568
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Battle Creek, MI
You were correct, the gentleman you are referring to owned another business and saw the man shoot a patron outside the IHop but was too frightened to shoot.
 

Evil Creamsicle

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Sep 11, 2009
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1,264
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Police State, USA
Taken from the article. "It's a little disarming," she said. "This is such a quiet community. We don't expect things like this."

I remember another quote like this regarding the IHop shooting...funny how it happens where the antis believe no one needs a gun...And yet they still want to ban them. I just cant begin to comprehend how the antis and the brady campaign jokers can believe taking away everyones guns will make people safe. Mass shootings always seem to happen exactly where people, and even states, think no one will need a gun. When will these people open their eyes to the fact that if someone had one they could have saved maybe one life.

Interesting choice of an adjective, isn't it? Disarming?
 

Yance

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Sep 15, 2011
Messages
568
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Battle Creek, MI
Nice little bubble you live in, too bad it has been popped...

its one of those things that makes me laugh and irritated at the same time. Places like California want to ban OC for the illusion of safety, states like IL you cant carry period for the same illusions. Restaurants like the IHop in carson city ban firearms, and everytime something happens its "never thought it would happen here its such a nice place" While prior to this the antis were saying "its such a nice place nothing will ever happen here" and yet no one wants to open their eyes and allow responsible citizens to carry for self protection when obviously the people need to protect themselves.
 

PDinDetroit

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Jun 20, 2009
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SE, Michigan, USA
its one of those things that makes me laugh and irritated at the same time. Places like California want to ban OC for the illusion of safety, states like IL you cant carry period for the same illusions. Restaurants like the IHop in carson city ban firearms, and everytime something happens its "never thought it would happen here its such a nice place" While prior to this the antis were saying "its such a nice place nothing will ever happen here" and yet no one wants to open their eyes and allow responsible citizens to carry for self protection when obviously the people need to protect themselves.

What is encouraging though is that people firmly believe that good will come from this bad law AND people are not giving up.

California could very well go Shall Issue, which means that people could then carry for their self-protection - openly or concealed (there is a court case at the appellate level in California about May-Issue Laws that this law affects). There will very likely be a LGOC Movement that starts in California as this will soon be how they can provide for their self-defense since other methods have been made unlawful. If California subsequently bans LGOC, a court case could possible start that gets SCOTUS to rule on Firearm Carry Outside the Home.

Heck, this new law may not even stand up to the "Substantial Burden" Criteria that the US 9th Circuit Court of Appeals set-up in a recent Firearms Law Decision (IIRC May 2011).

http://www.altenhofel.com/blog/possible-ninth-circuit-win-gun-rights

http://www.ca9.uscourts.gov/datastore/opinions/2011/05/02/07-15763.pdf
 

xmanhockey7

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Jun 15, 2010
Messages
1,195
What is encouraging though is that people firmly believe that good will come from this bad law AND people are not giving up.

California could very well go Shall Issue, which means that people could then carry for their self-protection - openly or concealed (there is a court case at the appellate level in California about May-Issue Laws that this law affects). There will very likely be a LGOC Movement that starts in California as this will soon be how they can provide for their self-defense since other methods have been made unlawful. If California subsequently bans LGOC, a court case could possible start that gets SCOTUS to rule on Firearm Carry Outside the Home.

Heck, this new law may not even stand up to the "Substantial Burden" Criteria that the US 9th Circuit Court of Appeals set-up in a recent Firearms Law Decision (IIRC May 2011).

http://www.altenhofel.com/blog/possible-ninth-circuit-win-gun-rights

http://www.ca9.uscourts.gov/datastore/opinions/2011/05/02/07-15763.pdf

Actually they already closed that loop hole. Someone with a Cali CCW has no more right to OC a pistol than someone without it. This new law could change that but I don't think it does.
 

eastmeyers

Regular Member
Joined
Apr 13, 2008
Messages
1,363
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Hazel Park, Michigan, USA
Actually they already closed that loop hole. Someone with a Cali CCW has no more right to OC a pistol than someone without it. This new law could change that but I don't think it does.
I could be wrong but what I think he was trying to convey is that, CALI would have to choose OC or CC once going shall issue, for the permit. Not the individual holding the permit. Could be wrong.
 

DrTodd

Michigan Moderator
Joined
Jun 20, 2008
Messages
3,272
Location
Hudsonville , Michigan, USA
I could be wrong but what I think he was trying to convey is that, CALI would have to choose OC or CC once going shall issue, for the permit. Not the individual holding the permit. Could be wrong.

It's too bad but I don't think OC will be the outcome, but I do think California will become shall-issue. What happens after that, though, is anybody's guess...
 

Motofixxer

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May 14, 2010
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Somewhere over the Rainbow
You were correct, the gentleman you are referring to owned another business and saw the man shoot a patron outside the IHop but was too frightened to shoot.

Well considering the over zealous prosecutors and past rulings of courts, I understand why the individual was frightened. Was his life threatened...not likely. Then he had every right to question his involvement in the situation. I would be reserved in defending others also. Why? not because of the right or wrong aspect, but because of the legal aspect nowadays. The burden placed on an individual to defend himself in court in many cases is unnecessary and extreme. I possibly would have said something to that effect to the media.
 
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