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bossy22 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-15-10 05:05 PM
Original message
Shall Issue CCW in CA?
well in the near future that may be the case. Here is the case below

http://ia341314.us.archive.org/2/items/gov.uscourts.casd.308678/gov.uscourts.casd.308678.7.0.pdf

Though it is not a true win (since its just a motion to dismiss denied) the court seems interested in the merits of the plaintiffs claims regarding the unfair practice of "may issue" and its constitutionality under the second amendment
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TPaine7 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-15-10 05:28 PM
Response to Original message
1. Great stuff
I haven't finished it, but the court is hinting that if they do not allow concealed carry, they must allow open carry--a point I have made repeatedly on this site.

The spurious argument the anti-gun side tried to make using the Supreme Court's Heller ruling was turned against them. When you look at the context of the Supreme Court's cited authority to justify the presumptive constitutionality of concealed carry bans, the authority makes clear that concealed carry could be banned BECAUSE AND ONLY BECAUSE OPEN CARRY WAS PROTECTED.

Watching the sophists having their heads handed to them was a thing of beauty. Sometimes the system does the right thing. Wow!

Gun control is a house of cards, and the wind is beginning to stir.
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TPaine7 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-15-10 05:42 PM
Response to Reply #1
2. Equal protection under the 14th Amendment and the right to travel
freely.

This is great stuff!
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ectoendomezo Donating Member (21 posts) Send PM | Profile | Ignore Fri Jan-15-10 05:44 PM
Response to Original message
3. That would BE...INCREDIBLE! Here's HOPING!
As a Liberal..and a Progressive..my longest standing resentment for my 'Peers'..is the INSANE..Hypocrisy..of 'Hair Splitting The Bill Of Rights'.

I am..aghast also..that the "Left" is UNIVERSALLY..claimed to be "Anti-Gun"..this is..in reality..a MONUMENTAL..bit of Propaganda..AND..frankly..is the CAUSE of major miscalculations on the part of the Political Left!

In my Home in Northern California..and as an X-er AND..Child of Back-to the Landers..Commune..Waldorf Education..the WORKS..WE ALL..had access to..and learned at EARLY AGES..to use Firearms..Period!

Now..I am NOT..a 'Hunter' Never was..never will be..unless of course we find ourselves on "The Road" in the near future..and then..well..anyway..

BUT..I AM..a DEDICATED Pro-Constitution American..and PRO 2nd Amendment..WITHOUT CAVEATS! "Shall Not Be Infringed.." How..on Earth..is that.."Debatable"? HOW? I am perpetually amazed by the simple..FACT..that so FEW Pundits or Politicians seem to be aware that..to the FOUNDERS..a "Musket"..WAS..AN ASSAULT RIFLE! The Musket..WAS..a MILITARY WEAPON..in fact..they saw NO 'Distinction' between ANY firearm and its capacity for Military Use!

And thus..to hear these.."Groups" calling themselves "the Left' and advocating these insane rationales like 'Why Would You Want A Military Rifle?'..But of course..that question has NO BEARING on the issue..AT ALL! The "Question" is NOT..what I want..its what the 2nd AMENDMENT SAY'S! Now that is a simple example..but they go on and on with Straw Man after Straw Man..

It bothers me that they do NOT seem to realize that this is an issue of..TRUST..of RESPONSIBILITY..of ASSUMPTION of INNOCENCE..Once you start to control..PRE-Emptively..the "Rights" of the Citizens..well..yer off to see the wizard...casue there is NO turning back..

And that is the final aspect of issues surrounding "Weapons" and ALL...Potentially Dangerous Devices..that ULTIMATELY..this kind of 'Control' WILL END..with the question of CONTROLLING THE FREE FLOW OF INFORMATION!

Suppose we LOSE our 2nd Amendment Rights..Well..WHAT'S to Stop me..form making my OWN Gun? What? I can right now..obtain..not ONLY the actual MECHANICAL..and MACHINIST drawings..but also the MATERIALS..and TOOLS..to make ANY modern firearm...hey..they are making BEAUTIFUL guns in HUTS in Afghanistan..with Wood Fired Kilns..so..ultimately..th question would HAVE to be.."Can we continue to ALLOW access to INFORMATION that will allow one to BUILD a 'prohibited' item?"

Look..hamfisted..sorry..i'm getting tired..BUT..the issue ultimately..comes down to this:

IN A DEMOCRACY..IN AN OPEN SOCIETY...WHERE INFORMATION FLOWS RELATIVELY FREELY..SOMEONE..IS ALWAY'S...GOING TO GET..'HURT'! PERIOD! BECAUSE SOMEONE ELSE..IS ALWAYS GOING TO BE WILLING TO BUILD OF MAKE OR BUY FROM ANOTHER...SOME FORM OF 'DANGEROUS' OBJECT/POISON/EXPOSIVE..ETC..

FREEDOM ISN'T FREE! CORNY? SURE..BUT ABSOLUTELY TRUE..TO BELIEVE THAT ONE CAN BE 'SAFE' BY CONTROLLING THE LIBERTY OF OTHERS..BY TRUSTING NO ONE..IS..BEYOND RIDICULOUS..

In fact..that notion is so INSANE..as to essentially..be de facto 'Proof'..of "OTHER ISSUES"..of a more personal nature...a bad experience..some kind of personal power trip...some kind of revenge toward or hatred of the "Others" that they see as "pro-" whatever 'issue' they are now on the "Other Side Of"...whenever the 'logic' of an argument includes CONTROL and dismissal of the rights of OTHERS...it is my opinion that the REAL reasons are not being put forth..for CONTROL in a 'Free Country'..however well meaning..of what is in fact a "Responsibility" issue..is..POINTLESS except to cause DEVISION and RAGE.

Final point...proof of the above..IF..One is REALLY..that concerned about a Person Owning A Gun..then..I feel compelled to suggest that They NEVER...leave their Home! Ever! Simple REALITY is that you are..THOUSANDS...nay..TENS of THOUSANDS of times MORE likely to be killed in a DOZEn other way's than by a Gun..ESPECIALLY a LEGAL GUN..and you are NOT going to stop ILLEGAL GUNS..unless you go after the INFORMATION and its free flow..aka CENSORSHIP!

So...look both way's when crossing the street..and HOPE for a responsible DRIVER..and HOPE you don't get Cancer..and HOPE you don't....and...and...and...

Shall Issue CCW in California..YES! Make me LEGAL! Dig?
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Jackson1999 Donating Member (320 posts) Send PM | Profile | Ignore Fri Jan-15-10 05:53 PM
Response to Reply #3
4. Tell it to Pelosi
What is really ticking me off this day is how the party leadership's only recourse is to blame any failures to increase gun control on the NRA, who of course controls the US Congress and state legislatures.

Pelosi, Schumer, and DiFi just can't, or won't admit how increasingly out of touch they are with a growing segment of their own party. Not just with blue dog democrats, but folks like you and me who, after living through 8 years of Constitutional abuses by Bush/Cheney don't like to see the Dems pulling from their playbook on the gun issue.
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TPaine7 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-15-10 06:06 PM
Response to Reply #4
5. Have your camera running, and post her head exploding on YouTube. n/t
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appal_jack Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-15-10 11:25 PM
Response to Reply #3
8. welcome to DU
welcome to DU ectoendomezo!

I think that you will find yourself at home here with many other pro-RKBA/pro-liberty progressives. There are a few gun-grabbers and DiFi-like reactionaries here too, but they are usually outnumbered and always out-reasoned.

I'm a former-NorCal, current-Carolinian, libertarian-progressive-Democrat myself.



:hi:



-app
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X_Digger Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-15-10 06:32 PM
Response to Original message
6. Wow!
Quite an interesting peek at what's to come, though I'd imagine arguments concerning 'compelling state interest' will be crafted to address the main points of the denial to dismiss.
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spin Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-15-10 10:54 PM
Response to Original message
7. One state at a time ... shall issue is winning! (n/t)
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SteveM Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-16-10 11:02 AM
Response to Original message
9. Excellent post. This case (*sniff*sniff*)smells like Jim Crow to me (nt)
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