Friday, February 14, 2014

Constitutionally Correct: May Issue; Infringement?


Good day ladies and gents. I was pleased to hear about the 9th US Circuit Court of Appeals decision regarding one of California's gun laws this week. For those of you who are unfamiliar with gun legislation and attaining a permit to carry/purchase firearms, California is what is known as a "May Issue" state. "May issue" means that the applicant must demonstrate a "good reason" for carrying a firearm. "May issue" basically varies according to the whims of the local law enforcement. In Alabama (another May Issue state), residents are usually issued a permit very easily, so long as they meet the qualifications. Conversely, Maryland is a "May Issue" state as well, but without political or law enforcement connections it is nearly impossible to be issued a permit.

See what I meant by "according to the whims"? Within California, rural law enforcement is generally lax on the permit process, allowing most who meet the qualifications to have a permit to carry. Meanwhile in San Diego, it is nearly impossible to be issued a carry permit. The law itself states that applicants must "demonstrate good moral character", pass a training course and establish "good cause".

The problem with the May Issue method is that it can be used to infringe on the rights of citizens if it fits the opinion or agenda of the issuing party. In this case, San Diego county does not consider general self defense as a "good cause". You must submit documentation that establishes the "good cause" such as a restraining order or another excuse from law enforcement/court official. So, basically, if you just live in a bad part of town and want something more effective than pepper spray when going too and from the car, good luck.

Forgive my sarcastic approach to this, but I have to be honest, I am very glad that the 9th Circuit  Court of Appeals came to this decision. Whether another, larger panel appeals the decision, it means that the right of "effective" self defense is reinforced in the opinions of a growing number of citizens.

Well, that is it for this post. It was a short one, to the point, and I just wanted to review a current event. As a big time advocate for firearms for self defense, it makes me happy to know that some places are realizing that the best way for people to defend themselves against a criminal is to be able, if they choose, to carry a firearm in public.

On a side note, I hear that the weather should be improving soon. You know what that means? RANGE TIME! I am going to tear some stuff up so hard with my new additions. I will make sure to record the fun and report back.

Until the next episode, Remember to share the joy! Take a gun virgin to the range and teach them how to shoot. God Bless our America!

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