BIG 2A WIN: Federal Court Revives Challenge To Pre-Bruen Carry Arrests | Guns & Gadgets 2nd Amendment News

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Summary

➡ The Guns & Gadgets 2nd Amendment News channel talks about how the Ninth Circuit Court of Appeals has given new life to a case challenging Los Angeles’s restrictive carry policies, which previously made it nearly impossible for regular citizens to get a concealed carry permit. The court ruled that if applying for a permit is pointless due to biased policies, you don’t have to apply to challenge the policy in court. This could lead to significant wins for gun owners not just in California, but in other states with similar restrictive policies. The case will now return to the district court for further consideration.

 

Transcript

If you like me and you think that pistol permits, concealed carry permits are illegal, pay attention. We just got something that could be very good. You know how things are though. What’s going on everybody? Welcome back to Guns N’ Gadgets, your premiere source for Second Amendment news that the mainstream media either ignores or gets completely wrong. Today, we’ve got a big update out of all places, the Ninth Circuit Court of Appeals. And yes, I know, the Ninth is usually no friend to gun owners, but this time they actually sided with people challenging one of the most restrictive carry policies in the country.

We’re talking about Los Angeles’s pre-brewin good cause carry scheme, say that 19 times fast, where unless you were a judge, a celebrity, or had friends in high places, you had basically zero chance of getting a concealed carry permit. Well, three men fought back. The district court threw their case out, and now the Ninth Circuit just breathed new life into the case. We’re going to break this down in detail because this could set up some huge wins for gun owners, not just in California, but every state still trying to sidestep Bruin. You know, like the New York’s and the Massachusetts’ and the like.

But first, thanks to Attorneys on Retainer for sponsoring this video. If you’re ever targeted by the government, simply for exercising your Second Amendment rights, we all know that can happen, then you’re going to want Attorneys on Retainer in your corner. If you carry a firearm for self-defense, you need a legal team that actually understands your rights. AOR is the only law firm in America that specializes in self-defense cases. That’s all they do. If you can reasonably, in a good faith, assert that you acted in self-defense of yourself or others, they’ll cover you, man. That’s it.

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They’re ready to fight for your rights when others won’t. But before we get into the ruling, let’s talk about how this all started. The plaintiffs, three men, two living in Los Angeles County and one now here in Tennessee, were all arrested for carrying firearms without a concealed carry permit in Los Angeles. Now, some would say, well, just get a permit. But here’s the thing. Before the Supreme Court’s Bruin decision in 2022, Los Angeles was a May-issue jurisdiction in the worst possible way. Under California law, you had to show good cause to get a concealed carry license.

And LA County interpreted good cause so narrowly that regular citizens had almost no chance of getting their permit. The county basically gave permits only to retired cops, judges, politically connected elites, or people who could prove specific documented threats to their life. If you just wanted to carry for self-defense because the Constitution says you can, it acknowledges that pre-existing right, too bad, denied. And these three men knew that. So these guys, all law abiding in every other sense, were caught carrying in public without that elusive Los Angeles carry permit. So they were arrested and charged and suffered all the legal headaches that come with that.

After Bruin came down in June of 2022, which struck down New York’s similar proper cause law and made it crystal clear that states cannot require you to justify exercising a constitutional right, these men filed a lawsuit saying that their arrests were unconstitutional. Yes, they were. It seems straightforward, right? Well, the district court didn’t think so. Like I said, the trial judge tossed the case basically saying that Bruin doesn’t apply retroactively to their arrests and that they didn’t even apply for permits before carrying so they couldn’t claim harm from the process itself.

Now here’s where this gets interesting. The Ninth Circuit just said, not so fast, buckaroos. The three judge panel ruled that these plaintiffs absolutely have standing. That’s the legal term for showing that you’ve been directly harmed by the government’s actions and have a legitimate case. And here’s the big takeaway. The court said if applying for a permit would be futile, you don’t have to waste your time doing it. Now think about that. In Los Angeles, before Bruin, if everyone knew applications from regular folks were going straight into the shredder, you’re not required to go through the charade just to have your rights denied.

That’s a huge point that could help in other states still dragging their feet on carry rights. Now, why does this futility concept matter? Because there are still states and counties within shell issue states that have moved at a snail’s pace since Bruin, adding ridiculous training requirements, fees, or subjective character tests to slow walk your application. This ruling says that if a policy is so stacked against you that you’re wasting time by applying, you might still be able to challenge it in court without ever having applied. And that’s a big deal for gun owners in places like Hawaii, Maryland, New Jersey, still parts other parts of California, Massachusetts, and the like, that are all still playing games with Bruin compliance.

So now what? The Ninth Circuit didn’t outright declare Los L.A.’s policy, the old policy, unconstitutional yet. They simply sent the case back down to the district court to actually consider the merits instead of throwing it out on procedural grounds. That means that the plaintiffs will now get to argue why their arrests violated their Second Amendment rights, and L.A. County will have to defend its old good cause scheme in a post-Bruin legal environment. Good luck! Given what SCOTUS said in Bruin, that’s not going to be an easy fight for L.A. This isn’t just about three men in Los Angeles.

This case could set a precedent for challenging past convictions under unconstitutional carry laws, and it could also hammer home the idea that your rights do not depend on currying favor with a government bureaucrat. If the plaintiffs ultimately win here, it could open the door for others who were arrested or denied permits under these old rights-restricting schemes to seek justice and maybe even have their records cleared. Now this is why we watch these court cases like a hawk. The Ninth Circuit of all places just gave a green light to a major Second Amendment challenge.

If you live in a restrictive state, or even a restrictive county inside a shell issue state, keep your eyes on this one because the fight in Los Angeles could end up strengthening your rights where you live. I will keep you updated as this case moves forward, and if you value your right to bear arms, make sure you’re subscribed here on Guns and Gadgets so you do not miss these updates. I put out a video every day and sometimes multiple times a day, so please check back often because the algorithm isn’t so friendly with this type of channel.

And before I go, remember, the price of freedom is eternal vigilance. Stay safe, stay informed, grab some blackout coffee, and stay free. I’ll see you all in the next one. Take care. [tr:trw].

See more of Guns & Gadgets 2nd Amendment News on their Public Channel and the MPN Guns & Gadgets 2nd Amendment News channel.

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