SoCal CCW order imminent?
Posted: Thu Sep 30, 2010 3:43 pm
On Friday, the attorneys for Peruta filed a motion for a partial summary judgment. If the court grants the motion it would immediately require that all issuing authorities in the Southern District of California issue licences to carry a concealed weapon to everyone who applies and meets the non-discretionary requirements of obtaining a license or, hopefully, everyone who is at least 18 years of age and legally entitled to own a firearm as was found in Heller and McDonald.
It took the Court two months from the date that San Diego County Sheriff Gore filed his motion to dismiss the case and Judge Gonzalez issued her denial of the motion, and that included breaks for Thanksgiving, Christmas and New Years. The Court's denial of motion to dismiss was 18 pages long. Judge Gonzalez has already laid out the legal foundation for her decision. An order granting the partial summary judgement will most likely take less time.
So how does this affect those of us who don't live in the Southern District? It potentially affects everyone who lives in the 9th Circuit. Some more than others given that the only two states in the 9th Circuit which severely restricts carrying a loaded gun are Hawaii and California. Alaska and Arizona don't even require a license to carry a handgun, openly or concealed.
RTWT