The wheels of justice are slowly turning against California’s notorious gun control scheme, and it’s always a good day when the Ninth Circuit acknowledges the Second Amendment.
A three-judge panel for the Court of Appeals on Monday revived a lawsuit brought against Los Angeles officials. The plaintiffs charge that LA authorities routinely denied the right to a concealed carry permit and thus their constitutional rights.
City policy previously meant that virtually no one was granted such permits.
Appeals Court determined the plaintiffs were injured by LA’s refusal to issue carry permits
Momentum initially moved in favor of the municipality when a U.S. District Court Judge agreed to dismiss the filing. The three men argued that the Supreme Court’s landmark Bruen decision created a constitutional right to carry a weapon in public without a license.
The judge disagreed.
But the Ninth Circuit panel determined that the plaintiffs had legal standing to pursue their case. “They plausibly allege that they suffered a concrete injury when they were arrested and detained, that the cause of their injuries was Los Angeles’ licensing policy and its enforcement of state law, and that their injuries can be redressed through the requested relief.”
City officials at the time refused to issue permits to anyone but judges and law enforcement officers
The panel noted that both the city and the state have changed their approach to concealed carry permits, but it was too late to help the three men who were arrested and charged.
At that time, officials practiced what amounted to a “no-issue” policy for concealed carry permits. Only law enforcement officers and judges were routinely granted the right to lawfully carry outside of the home.
The three judges agreed that, if LA had a reasonable and lawful system for issuing CCW licenses, the defendants would have applied and been approved.
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