Posted on May 15, 2017
Second Amendment case Peruta vs. California may be heading to Supreme Court
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I look forward to the Supreme Court taking up this case. I hope that they defend the right of the people to carry weapons.
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What really stands out is that if you go one county up (San Bernadino) it's much easier. My daughter and her boyfriend went to a class and range taught by Law Enforcement types and they said that SD county pretty much flat out refuses to issue concealed carry unless their is overwhelming proof in their opinion that its needed.
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SSG Robert Webster
Interesting. What happens when someone originally outside of SD County moves into the county and then needs to renew their permit, are they then denied a renewal?
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1stSgt Eugene Harless
SSG Robert Webster - I think not.. the instructors at the course ( current and retired LEOs) mentioned that people often would "stay" ( meaning simply use a relative or friends address) in SB county to get a CCP. Apparently a CCP issued anywhere else in California has to be honored by San Diego County.
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This is a State issue, not a Constitutional issue. Even in DC v Heller, the Supreme Court held that the right to keep and bear arms under the 2nd Amendment is not absolute. It seems that the problem lies with the Sheriff of a specific county, and not with the law, itself.
Justice Gorsuch has shown that he is a big proponent of the "letter of the Law". Unless they can show the law, itself, is the problem, and not the implementation of the law by this one sheriff, I think they will have a hard time winning.
Justice Gorsuch has shown that he is a big proponent of the "letter of the Law". Unless they can show the law, itself, is the problem, and not the implementation of the law by this one sheriff, I think they will have a hard time winning.
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SSG Robert Webster
"...the problem lies with the Sheriff of a specific county,..." SGT Edward Wilcox, I am sure it does stand as a State issue, however from your understanding of it and restatement of how you see the problem also shows that it appears to violate the Equal Protection Clause of the 14th Amendment. Like you said, it is a State law, not a County law.
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SGT Edward Wilcox
SSG Robert Webster - The state law gives the County Sheriffs the final say. If it is a 14th Amendment issue, then they should have sued under 14th Amendment protections, not 2nd. Personally, I don't see this as a Equal Protection issue, either.
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