San Diego County Sheriff Bill Gore recently said he would not pursue further appeals following a ruling by a three-judge panel of the 9th U.S. Circuit Court of Appeals that invalidated the county's requirements for issuing concealed weapon permits.What's the problem here?
San Diego County is stuck between between the state of California, and the Ninth Circuit Court.
“We are not holding that the Second Amendment requires the states to permit concealed carry,” Judge Diarmuid O'Scannlain wrote in the opinion for the majority. “But the Second Amendment does require that the states permit someOkay, so San Diego County wants to limit the 'guns on the street' quotient.
formof carry for self-defense outside the home.”
The problem was that San Diego County's stringent rules, coupled with a recent statewide ban on the open carrying of firearms in public, effectively banned the right to bear arms. The discretion to issue permits is left to local authorities, who often require a “good cause” to issue them. Fear for personal safety was not considered adequate cause.
“In California, the only way that the typical responsible, law-abiding citizen can carry a weapon in public for the lawful purpose of self-defense is with a concealed-carry permit. And, in San Diego County, that option has been taken off the table,” Judge O'Scannlain wrote.
It scares them to death that people may be walking around under "concealed carry" rules, so their philosophy is that they will only grant "concealed carry" if the applicants for a license are able to present a reason which they ... they county sheriff's office .. considers a "good cause".
By state law, requirements for concealed-carry permits include demonstrating "good moral character," taking a training course and establishing "good cause." But it's up to county sheriffs to set policies for what constitutes "good cause", and different sheriffs have set a wide range of policies.
Unfortunately the Ninth Circuit Court has ruled that the 2nd Amendment intent is that the right of a citizen extends past their front door. That is to say .. the People can use guns to defend themselves on their property, and on the street.
- The Ninth Circuit has ruled that citizens MUST be allowed some form of legal firearms carry.
- The state of California has ruled the "Open Carry" is entirely unacceptable.
- But San Diego doesn't want to deal with "Concealed Carry", for a variety of perfectly good reasons (not the least, one guesses, is that the overhead is going to beat the hell out of their budget, but also because .. well, just because.)
Deal with it.