“Good Cause” Requirement Violates 2nd Amendment, Panel Rules

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San Diego County Sheriff Bill Gore will not request a review of a ruling that struck down the state’s law on issuing concealed weapons permits (as administered by San Diego’s Sheriff’s Department) by the full U.S. 9th Circuit Court of Appeals.  If there is an appeal to the ruling, it will have to come from the California Attorney General.  The Attorney General’s office has not yet decided whether to pursue the matter.

In a 2-to-1 decision, a 3-judge panel of the 9th Circuit panel ruled that the concealed weapons permit law, as administered by the San Diego County Sheriff’s Department, was too restrictive and thus violated the 2nd Amendment. The central issue was the Sheriff’s requirement that applicants show “good cause” why they need to carry a concealed weapon outside their home in addition to a background check and a showing of “good moral character.”Since the ruling, the Ventura and Orange County sheriff’s departments have dropped the “good cause” requirement but still require the background check and “good moral character.”  San Diego has adopted a “wait and see” position, noting that the panel’s decision is not yet final. Permit applicants who meet all requirements will be issued a permit, while those who cannot show “good cause” will not have their application rejected, but will have it held in limbo until the court ruling is final. The Los Angeles County Sheriff’s Department has opted to stick with the “good cause” requirement until the issue is finally decided by the courts.

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