Great news for California gun owners!
11 years ago
I'm one step closer to a CCW license. This is fantastic news.
http://www.reuters.com/article/2014.....A1D03D20140214
The whole idea that I can own a gun for protection but only within my house makes absolutely no sense. Given the silly gun control legislation Jerry Brown has already vetoed i have hopes that this won't be pushed higher up the court system and the ruling will stand. Definitely gonna be watching this closely. I live in Contra Costa County and you pretty much HAVE to be either a celebrity or repo man or have a close relationship with a sheriff to get a CCW license. In all my years living here i have met one person that was successfully able to get one. Well it looks like that's about to change.
http://www.reuters.com/article/2014.....A1D03D20140214
The whole idea that I can own a gun for protection but only within my house makes absolutely no sense. Given the silly gun control legislation Jerry Brown has already vetoed i have hopes that this won't be pushed higher up the court system and the ruling will stand. Definitely gonna be watching this closely. I live in Contra Costa County and you pretty much HAVE to be either a celebrity or repo man or have a close relationship with a sheriff to get a CCW license. In all my years living here i have met one person that was successfully able to get one. Well it looks like that's about to change.
But if i have to choose between it being outright banned or being allowed with no restrictions, i'll take the latter any day.
Now, we have allowed this trespass and to a degree, its common sense stuff, (felons, mentally unstable folks...) And over time that has been used to make us think, and feel, that a right, can be taken away by legislation. Large mags, who needs them, a pistol grip looks scary, lets ban that, Lets make them rigister them and we wont use that to confiscate (the ink isnt dry on the NY SAFE act and they already started doing confiscations).
Enough is enough.
I open carry here because its a right, and a right ignored or let go by the wayside gets trampled. I meet up with a local group of open carry folks once a month and we open carry, have lunch, discuss issues, have a huge picnic every year, and give away guns as "door" prizes. The folks that attend run from a new carry guy that has only fired his once at the range, to the seasoned gal that teaches defensive tactics with a weapon in a life or death situation.
Not once has any in that huge span did something stupid. I wont say it cant or wont, but most folks do understand the responsibility of carry. Just like anything in life like driving, you could ace your test, ace your driving part of the test, and still do something stupid. Were human.
There are far less deaths from stupid gun owners ( not including criminals here. just law abiding gun owners) many many times over than to bad drivers.
For me, im not having a right pushed over and trampled one more inch by a nanny government. I havent for a long time, but over the last few years, its got worse. The Law of Unintended Consequences is slowly biting them on the ass at least.
I'll never understand this whole chest pounding about the constitution as a literal document while simultaneously ignoring the fact that the existence of the supreme court and their job of interpreting the constitution to enact and repeal laws is also IN THE CONSTITUTION.
If the supreme court determined that the constitution decrees that ANY regulation of firearms and ownership of them is unconstitutional, then you would have a point, but they have not interpreted it that way so you have no point.
The bottom line is. The constitution says whatever the fuck SCOTUS decides it says and that's just how it is. This is usually great, but not always (citizens united).
Open carry is a stupid fucking idea.
When I was down in South Carolina the guy I was visiting kept a huge knife in his car's glove box and even that made me extremely uncomfortable. I can't imagine being out with someone who had a gun on them, unless they were a police officer.
So, you were brought up thinking guns are evil, but are really no more or less a tool than a plowshare. Of course you suspect anyone with a gun is evil or has bad intentions except for the police.
Perhaps thats right in Canada, a cop with a gun never violates his position, never used his position wrong, or violated whatever standard they might have oathed, sweared, or affimed on.
But here, and I dont want it to sound like its a big issue, but it is still an issue...
Just because they are supposed to act in a way, does not mean they will do so correctly, or honestly.
Having a knife, gun, or ball bat to remind the ones out to do evil that they will have to meet me on a level field is the most honest way to keep them in check.
My being armed is not that I expect the "gov" to come after me, but the fact I am armed, and they know it, means they will think twice before trying it especially if they have no right to do so in the first place.
If its not an issue there, then cudos, but its a different world here of sorts. its funny that we follow Common British Law moreso than anyone else in the world now, even as fucked up as we are.
Please stop assuming I was brought up thinking guns are evil or that people who own one are evil. I said I would feel uncomfortable around someone who had a gun on them with the sole purpose to 1) inspire fear in another and failing that 2) harm them if their safety was threatened. In my opinion, there are some crimes in which someone would hope to have the upper hand (ex. rape), however there are other situations where shooting someone in defense doesn't warrant the crime (ex. trespassing, robbery).
Our officers are human just like the rest of us and I'm more than confident that we have a few of those bad apples that you mentioned above. However, it is the job of our police officers to serve and protect the public and to do so they NEED the upper hand in ALL situations. They also have a ton of policies and rules and regulations and testing and reviews that they must follow and pass to use a gun as well as keep it. If civilians had to go through all that as well, then maybe I wouldn't worry as much.
Also are you saying that if the government "came after you" that you would stand and literally fight them? That just sounds like a losing battle man and I highly doubt the government would be threatened whatsoever by the fact that you own a gun if it came down to you vs. them (please ignore this comment however if I completely misread your statement).
I feel that I'm starting to ramble now so I'll just say that being raised where it is not a right to own a gun makes it very weird to hear about places where it is a right. It also doesn't help that all the news being fed to Canada about American gun violence makes all Americans sound like trigger happy individuals who'd shoot someone for stepping onto their lawn just as quickly as if they were holding a knife to their child's throat.
it has everything to do with not liking the idea of being forced to be subservient and defenseless to any of the hundreds of thousands of bad people lurking around who do bad things to other people.
Is there ANY good reason to be defenseless? Shit, my landlord's brother in law and his wife were both stabbed to death in their own home 20 years ago. Do you think they didn't feel safe walking around?
Again, this choice would be affected on where you live. If I lived in New York, then hell yes I would look into more radical methods of protecting myself because the crime rate there compared to where I live now is much higher.
I don't feel unsafe or threatened, but i can assure you both times when i diffused a situation with a gun, I sure as hell did at that moment and I was glad it was there.
It really just all comes down to this, do you desire to be defenseless? I don't. And there really aren't any other real options in a world filled with guns. I simply do not like the idea that if somebody wished to do it they could do ANYTHING to me or anybody i'm with if they have a gun. I just think it's too much power to have not in the hands of more responsible people than terrible people.
As for the impression in canada that americans are blood thirsty hicks who can't wait for somebody to step on their lawn so they can kill them within their rights. The reason you get this perception is because to a certain extent, it's disgustingly accurate. I frankly despise the major gun culture in america, the Trayvon case made me despise them twice as much.
Shit, when tell the story to "gun people" of how i walked in on a meth addict who had broken into my house and totally caught me by surprise, approached me with his hand on something in his pocket till i pointed a pistol at him (he ran of course. Since he cut through our screen i assume his hand was on the knife he used.), almost EVERY time I tell that story to "gun people" they say i should have killed him. Every fucking time. Doesn't matter that i didn't need to kill him, i had a right to kill him so I should have done it. It's disgusting how little respect for a human life so many of these people have.
Oh wait.
X3
Just out of curiosity, what makes it that much better for an officer to carry a gun, but not a civilian? Police have, statistically, a greater number of accidental shootings than lawful gun owners, and often have a significantly reduced sentence if they're ever found guilty of misusing them.
On July 12, 2010 a new Chicago city ordinance took effect that allowed the possession of handguns with certain restrictions. Residents were required to obtain a Chicago Firearms Permit. To get the permit they were required to complete a firearms training course, pass a background check including fingerprinting, and pay a $100 permit fee. Chicago's gun registration requirement was still in effect. Possession of firearms was permitted only inside a dwelling, not in a garage or on the outside grounds of the property. Only one gun at a time was allowed to be kept in a usable state.
On July 9, 2013, Illinois enacted the Firearm Concealed Carry Act, which set up a permitting system for the concealed carry of firearms. Another provision of this law is state preemption for "the regulation, licensing, possession, and registration of handguns and ammunition for a handgun, and the transportation of any firearm and ammunition". This invalidated Chicago's requirements for gun registration and for an additional permit for the possession of firearms.
On September 11, 2013, the Chicago City Council repealed the law requiring the registration of firearms and the law requiring a city issued firearm owners permit. They also changed the law to allow the carrying of firearms on the grounds of one's property outside as well as inside the home.
On September 12, 2013, the Illinois Supreme Court, in the case of People v. Aguilar, also ruled that the state's Aggravated Unlawful Use of a Weapon law, which completely prohibited concealed carry, was unconstitutional.
Illinois enacted concealed carry on July 9, 2013. The State Police will begin accepting permit applications within 180 days of that date. (They are in violation of that right now and have not begun issuing)
As of right now, the law permits concealed carry... buuuuuut, licenses are being issued (catch 22). Basically, it's been a huge pissing match between the state, county, city, state police, and courts to make it happen... now four years later, it's not resolved.
buuuuuut, licenses are not being issued (catch 22).
New York recently lost on their seven round limit law, isn't stopping them in other ways.
If you ever get bored, look up "Peaceable Journey Law New York". That state doesn't care what laws it violates for it's own goals.
Generally, the cases that have gone through are individuals with heavy backing from the SAF (Second Amendment Foundation)... but even then, the individual who's name is on the case is betting their entire life that they'll win. In years past, that bet would not have been good, though the public opinion in swinging gun-rights again for the first time in several decades.
The problem is, that Standing is the first thing that any decent defense lawyer for the state is going to use... and once the court dismisses the case, it cannot be brought again (double jeopardy)... so you end up with an additional risk from the prosecuting side that your case will be completely torpedoed.
This is why so many major laws never get challenged or repealed.
It sounds like they followed the rulings, they just needed a whole lot of them to really make anything even a little bit different.
Personally i almost think that gun rights SHOULD be a liberal issue. We're the ones that want the gov't off our backs to let us do what we want to do, decriminalization of drugs, keeping the gov't off our bodies and out of our bedrooms, civil liberties and all that. The tight gun restrictions always seemed so at odds with so much else of what the left wing espouses as far as personal freedoms.
But yes, they're protecting our civil liberties to have the freedom to lose our jobs and not die because we suddenly can't afford our heart medication, besides, that healthcare reform is from the right anyways. We wanted single payer, we did not want the conservative bill that is the ACA, but we'll settle for it because it is an improvement.
There isn't really any distinction between our personal freedom and somebody else's personal freedom, theres only freedom and liberals generally seem to be the only ones looking out for them other than the gun issue considering that every personal freedom at some point infringes on somebody elses freedom.
On the flip side we have conservatives trying to forcibly indoctrinate our kids into their religion, force women to have babies they don't want, tell 10% of the population they do not deserve the same rights they do, fighting against equal pay for women, fighting for permission to discriminate.
From my perspective, the gun issue is about the only real thing i view as a civil liberty that liberals aren't the champions of.
The problem that I have personally is that you have gay-rights on one side and gun-rights on the other, so our lovely two party system in the US screws me. It's one of the reasons I'm a Centrist.
I have a ccw myself and find myself rarely carrying unless I get that "tail twitchy". I did open carry in Arizona for 6 years, I stopped 11 crimes just having a gun on my hip. Mostly potential armed robberies and a few burglaries plus two retail thefts. And of the 11 times, only withdrew from the holster once. And that was an attempted murder I prevented.
Amazing what looking down a barrel of a 1911 does to the criminal element.
I remember when SF banned handguns and man did that get shot down so fast. I think it was only up for about 10 days when the courts shot it down.