Pennsylvania Firearm Owners Association
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  1. #21
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    Default Re: California....Shall issue soon?

    Quote Originally Posted by gold cup abuser View Post
    No its not April yet....

    But don't get too happy about this one just yet. As my fading memory recalls on the 9th Circuit there is the appeal panel and the full 7-9 judge panel. The group that heard this more than likely the appellate panel.

    The state can appeal this to the full court, and if they then agree with the appellate panel then it goes to SCOTUS.

    So don't break out the party favors just yet folks.

    It ain't over til the fat socialist croaks
    Even if it doesn't go to the full panel (en banc), this is almost certainly going to the Supreme Court soon. We already have a split - 7th Circuit says one thing, 3d Circuit says another....

  2. #22
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    Default Re: California....Shall issue soon?

    Quote Originally Posted by gold cup abuser View Post
    No its not April yet....

    But don't get too happy about this one just yet. As my fading memory recalls on the 9th Circuit there is the appeal panel and the full 7-9 judge panel. The group that heard this more than likely the appellate panel.

    The state can appeal this to the full court, and if they then agree with the appellate panel then it goes to SCOTUS.

    So don't break out the party favors just yet folks.

    It ain't over til the fat socialist croaks
    Yeah, but it sounds like they gave it a long, thorough, and blistering treatment. I know courts don't care about things like laws, facts, The Constitution, truth, etc. but if they want to even halfway put up a show for appearances it would seem they are going to have to break out The Great Progressive Thesaurus of Logical Fallacies.

  3. #23
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    Default Re: California....Shall issue soon?

    Quote Originally Posted by Johannes_Paulsen View Post
    Hawaii....also 9th Circuit.

    And other Pacific places like Guam. (Does anyone go to Guam who isn't in the .mil? Whatever, it's still a little bit of America.)
    Guam legally is "may issue", but in practice is shall issue. There isn't a "carry license", but the registration and/or possession permit thing they have suffices for a carry permit.

    You're better off in Guam than HI, NYC, NJ, MD, and parts of CA.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515

    Don't end up in my signature!

  4. #24
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    Default Re: California....Shall issue soon?

    Quote Originally Posted by ungawa View Post
    9th Circuit? Is this a joke? It's not April Fools Day yet.
    In a weird way it makes sense. Liberals have always worn their badges proudly as the fierce defenders of civil rights; maybe they're recognizing that the 2A is a civil right that deserves the same (if not more) respect. In fact, statements to that effect were made in the court's ruling (if I can find the link, I'll post it).
    "Political Correctness is just tyranny with manners"
    -Charlton Heston

    "[The Constitution preserves] the advantage of being armed which Americans possess over the people of almost every other nation...(where) the governments are afraid to trust the people with arms."
    -James Madison, Federalist Papers, No. 46.

    "America does not go abroad in search of monsters to destroy." [sic]
    -John Quincy Adams

    "I believe that banking institutions are more dangerous to our liberties than standing armies."
    -Thomas Jefferson

    Μολών λαβέ!
    -King Leonidas

  5. #25
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    Default Re: California....Shall issue soon?

    Quote Originally Posted by ChamberedRound View Post
    In a weird way it makes sense. Liberals have always worn their badges proudly as the fierce defenders of civil rights; maybe they're recognizing that the 2A is a civil right that deserves the same (if not more) respect. In fact, statements to that effect were made in the court's ruling (if I can find the link, I'll post it).
    Handouts, hiring quotas, and government regulation are the civil rights liberals champion.

  6. #26
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    Default Re: California....Shall issue soon?

    I'm not sure what I think of court decisions anymore. It's not a matter of unfavorable decisions but the logic used to get their. I can't say I trust those that are looking at law and the constitution. Some opinions take a lot of twisting, turning,bending and gymnastics to arrive where they do.

  7. #27
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    Default Re: California....Shall issue soon?

    Quote Originally Posted by Mitch10mm View Post
    I'm not sure what I think of court decisions anymore. It's not a matter of unfavorable decisions but the logic used to get their. I can't say I trust those that are looking at law and the constitution. Some opinions take a lot of twisting, turning,bending and gymnastics to arrive where they do.
    I tend to agree with you.

    It has become obvious to me that, having read many decisions and plodding through copiously tortured logic, that few cases are decided based on a thoughtful and impartial review of law. Rather, each case is heard by judges with preconceived biases and notions which significantly influence their interpretation or creation of ambiguities in the statute as well as reviews of decisions of previous tribunals.

    In support of my supposition consider the disparity not only between appellate courts in different sections of the country but also in the divided vote of individual courts. Rarely do we see unanimous decisions from SCOTUS.

    Even looking more recently at the subject of the instant thread we say a diametrically opposed opinion between the Second and Third Circuits versus the Ninth Circuit. Ostensibly these decisions were based on a review of the same Federal statutes and the same Federal case law with very similar underlying case circumstances ("justifiable reason" for issuance of a CCW). If the judicial process was unbiased and analytical, as it should be, these disparities should not occur.

    That is why I have cautioned those who try to interpret laws as absolutes that, even in the rare case where a statute is unambiguous, logic and reason are not paramount attributes within Alice's "rabbit hole" commonly referred to as the justice (?) system.
    IANAL

  8. #28
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    Default Re: California....Shall issue soon?

    Quote Originally Posted by mrjam2jab View Post
    Here is the filed opinion
    I have read many an opinion over the last year. I just read the entirety of the majority opinion - it seems simple, as in "well, duh" simple. If - I say *IF* - SCOTUS takes this case, and agrees, then CA, NJ, and NY can just ... suck it.

  9. #29
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    Default Re: California....Shall issue soon?

    I'm betting SCOTUS in this case will not affect state's rights to limit the type and capacity of the firearm. Good luck being armed on the street with a single-shot pistol having a barrel of no less than 20 inches or some such "public safety" spec.

  10. #30
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    Default Re: California....Shall issue soon?

    Wonder if the judges on this panel live in San Diego and were denied permits.

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