California Soon to be Shall Issue?
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Thread: California Soon to be Shall Issue?

  1. #1
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    California Soon to be Shall Issue?

    I hope so!

    "Three weeks from today, December 6th, we should have a ruling in the case of Ed Peruta v County of San Diego et al. If Ed is successful then California will become a "Shall Issue" state which means that police authorities will no longer be able to decide who can and who cannot obtain a license to carry a loaded firearm in public. For most of us, this means a license for Concealed Carry for a couple of million lucky people it means a non-discretionary license to openly carry a loaded handgun as well.

    We will have to wait for the exact wording of the judge but I am hopeful that her decision will reflect what she wrote in her denial of a motion to dismiss the case back on January 14th of this year.

    If the judge adopts the extreme minimalist case then, at a minimum, a CCW license becomes non-discretionary, meaning if one has the money and can pass whatever training requirements the issuing authority decrees then one must be issued a license to carry a weapon concealed, or a license to openly carry a loaded weapon in counties with a population of fewer than 200,000 people."

    Read more.
    Last edited by lukem; 11-17-2010 at 09:11 PM.


    Memberships: NRA, GOA, USCCA
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  3. #2
    How does a judge change that? The statutes have to be changed to make CA Shall issue....

  4. #3
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    Quote Originally Posted by mrjam2jab View Post
    How does a judge change that? The statutes have to be changed to make CA Shall issue....
    my guess would be because she is a "Chief Federal Judge" i'm not sure thats how the judge can change it or not.. but
    "Loyalty to the country always. Loyalty to the government when it deserves it."
    "You have enemies? Good. That means you've stood up for something, sometime in your life." (Winston Churchill).

  5. Quote Originally Posted by lukem View Post
    I hope so! Three weeks from today, December 6th, we should have a ruling in the case of Ed Peruta v County of San Diego et al. If Ed is successful then California will become a "Shall Issue" state which means that police authorities will no longer be able to decide who can and who cannot obtain a license to carry a loaded firearm in public. For most of us, this means a license for Concealed Carry for a couple of million lucky people it means a non-discretionary license to openly carry a loaded handgun as well.

    We will have to wait for the exact wording of the judge but I am hopeful that her decision will reflect what she wrote in her denial of a motion to dismiss the case back on January 14th of this year.

    If the judge adopts the extreme minimalist case then, at a minimum, a CCW license becomes non-discretionary, meaning if one has the money and can pass whatever training requirements the issuing authority decrees then one must be issued a license to carry a weapon concealed, or a license to openly carry a loaded weapon in counties with a population of fewer than 200,000 people.

    Read more.
    A few minor points of clarification:

    - Loaded open carry will not be directly affected by this decision. Last year the PC was amended to remove the loophole that made a CCW a license to open carry also. That will be a separate fight.
    - It won't actually make the state shall issue but it will have that effect. It will standardize good cause to include self defense, and good moral character as being a non-prohibited person. The may issue part, could just get ruled unconstitutional or it may be made an all or none sort of deal under the equal protections clause. Either would have pretty much the same effect. It may also make residency requirements more friendly to people that spend significant amounts of time here but don't live here full time.

  6. #5
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    Quote Originally Posted by inbox485 View Post
    A few minor points of clarification:

    - Loaded open carry will not be directly affected by this decision. Last year the PC was amended to remove the loophole that made a CCW a license to open carry also. That will be a separate fight.
    - It won't actually make the state shall issue but it will have that effect. It will standardize good cause to include self defense, and good moral character as being a non-prohibited person. The may issue part, could just get ruled unconstitutional or it may be made an all or none sort of deal under the equal protections clause. Either would have pretty much the same effect. It may also make residency requirements more friendly to people that spend significant amounts of time here but don't live here full time.
    Gotcha, thanks for the explanation.


    Memberships: NRA, GOA, USCCA
    Guns: Glock 26, Ruger LCP, Beretta 90-Two .40, Beretta PX4 Storm Subcompact 9MM, Beretta Tomcat, Bushmaster Patrolman M4

  7. #6
    I was one of the lucky few when I lived in California several years ago that had a CCW. I recognized the bias then and am hopeful that the laws will return to a more reasonable approach. I still have many friends living there that would also appreciate it.
    NRA Life Member, JPFO member, NAGR member, 2nd Amendment Foundation member and Life Member of Vietnam Veterans of America, Chapter 996

  8. #7
    I used to think CA was radical in their thinking. In more recent years, I've begun to think otherwise. Hopefully this and some other unrelated changes will give CA residents back the freedom to make decisions for themselves, as well as the right to defend themselves.

    I also see ending marijuana prohibition having the ability to effectively reduce criminal drug-related violence stemming from outside their borders, but that's a completely different topic.

  9. #8
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    I dought much will change until the political land scape changes. Don't see that happening anytime soon. Too many progressive liberals control California.
    "You can get a lot accomplished if you don't care who gets the credit" - Ronald Reagan

  10. #9
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    That just means that we need to get more active with our contacts to the individual representatives.
    Each and everyone of those of us that want this to happen should get active, stay active and get others involved.
    As Al Davis would say. "Just Win Baby . . . . Just Win"

    Thanks for the tip on Ed Peruta v County of San Diego . . . . I was not aware of this.
    I will have to look it up and get the details . . . .

  11. Quote Originally Posted by lukem View Post
    I hope so!

    "Three weeks from today, December 6th, we should have a ruling in the case of Ed Peruta v County of San Diego et al. If Ed is successful then California will become a "Shall Issue" state which means that police authorities will no longer be able to decide who can and who cannot obtain a license to carry a loaded firearm in public. For most of us, this means a license for Concealed Carry for a couple of million lucky people it means a non-discretionary license to openly carry a loaded handgun as well.

    We will have to wait for the exact wording of the judge but I am hopeful that her decision will reflect what she wrote in her denial of a motion to dismiss the case back on January 14th of this year.

    If the judge adopts the extreme minimalist case then, at a minimum, a CCW license becomes non-discretionary, meaning if one has the money and can pass whatever training requirements the issuing authority decrees then one must be issued a license to carry a weapon concealed, or a license to openly carry a loaded weapon in counties with a population of fewer than 200,000 people."

    Read more.
    Don't Count on it CA is ONE of the Worst States for CCW and Firearms in General only second to NY City........

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