These dominoes are starting to fall. California was the first to see the lawsuits from afar—not to mention the ones that are already on the docket that they would like to ignore. Californians like me are surprised that they were able to do this quickly and believe it will lead to further erosion of the unconstitutional gun laws in California. We know it won’t be without an uphill battle, but thanks to the BruenDecision, barn doors are open. Brave horses can simply stampede to the door.
Rob Bonta (California Attorney General) is fresh off the presses:
BREAKING NEWS: California Attorney General states that issuing authorities no longer need to prove good cause in order to issue a public-carry licence. pic.twitter.com/8GfQqXuvlJ
— Firearms Policy Coalition (@gunpolicy) June 25, 2022
“First, effective immediately, issuing authorities should no longer require proof of good cause for issuance of public-carry license. Issuing authorities may still inquire into an applicant’s reasons for desiring a license to the extent those reasons are relevant to other lawful considerations, but denial of a license for lack of “good cause” now violates the Second and Fourteenth Amendments under the Supreme Court’s decision in Bruen.”
It is a huge problem for law-abiding California gun owner.
This is like living in a dream.
— Arbies (@ryan_b09) June 25, 2022
However, it is not likely that the state will soon stop using its hoops. A lYou can find it here of hoops) in order to obtain a concealed carry license (CCW).
Local officials are only authorized to issue such licenses, however, upon proof that (1) “the applicant is of good moral character,” (2) “[g]ood cause exists for issuance of the license,” (3) the applicant is a resident of the relevant county or city (or has their principle place of business or employment in that county or city), and (4) the applicant has completed a course of training. Italics. §§26150(a), 26155(a).
The “good moral character” hoop is totally suspect. California is the state where certain district attorneys bend, condense, or outright disregard laws to encourage criminality and lawlessness. So, who will dictate these stated “good” morals?
It’s a paper tiger. It’s a paper tiger. There are always lawsuits and legal proceedings. The gun owner will win each time.
Imagine being lifted with your petard.
However, the main cudgel used, and an arbitrary one at that, is the “good cause” reason. Officials from hostile cities and/or counties (hello Alameda!) used this to circumvent citizens’ constitutional rights and deny issuance of the CCW. After Bruen, while these authorities can still ask, “Why do you want to conceal carry?” they cannot use this as the reason to deny a CCW, because, Supremacy Clause, baby!
California law wasn’t directly in question during the trial. Bruen decision, the decision makes clear that “good cause” requirements such as those in California Penal Code sections 26150(a)(2) and 26155(a)(2) are inconsistent with the Second and Fourteenth Amendments. The Supremacy Clause in the United States Constitution requires that state and local officials comply with federal law.
Conforming to Bruen, the Attorney General now considers the “good cause” requirements set forth in California Penal Code sections 26150(a)(2) and 26155(a)(2) to be unconstitutional and unenforceable.
Emphasis on the latter—Bonta sees lawsuits… they’re everywhere.
New Jersey quickly followed on California’s heels.
From the Association of New Jersey Rifle & Pistol Clubs (ANJRPC):
June 24, 2022. At the close today and in light Bruen decision, the New Jersey Attorney General issued a directive to law enforcement agencies and prosecutors mandating that NJ carry permit applications now be processed WITHOUT an applicant having to prove “justifiable need.”
Governor Phil Murphy, like Governor Gavin Newsom is threatening to use this to get around it and to find new ways to increase gun control. Gun grabbers gonna grab…
Although Gov. Murphy announced his intention to reduce carry, but any actions that he takes will need to be approved by the Constitution. Bruen. Today’s announcement by the Attorney General is nothing short of EARTH-SHAKING and represents the culmination of decades of incredibly difficult work by gun owners.
This is a win for both California and New Jersey even though it was incremental.
We’ll take the Win.
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