A federal appeals court ruling on Wednesday may have brought the Golden State one step closer to a statewide ‘shall-issue’ concealed carry standard.
A three-judge panel for the U.S. 9th Circuit Court of Appeals ruled that Attorney General Kamala D. Harris could not intervene in a case that struck down San Diego’s ‘may-issue’ standard, which gave chief law enforcement officers discretion when issuing concealed carry permits to law-abiding applicants.
Under California law, each county has the power to create its own CCW issuing standard, but following the challenge of this state law by lead pro-gun plaintiff Edward Peruta, that’s no longer the case. It appears ‘shall-issue’ is the new baseline. This was first decided back in February when the same three-judge panel made the initial ruling. Following the ruling, Harris argued that her office had a say in the matter since it didn’t just effect San Diego county, but the entire state. Wednesday’s ruling confirmed that Harris waited too long to get involved and cannot intervene.
“Considering each of the relevant factors, we conclude that the movants have not met the heavy burden of demonstrating ‘imperative reasons’ in favor of intervention on appeal,” said the panel, in it’s 2-1 decision.
Yet, the attorney general will have an opportunity to appeal the latest decision and request an ‘en banc’ review which is equivalent to asking the entire Ninth Circuit to review the case instead of just a three judge panel.
So far, Harris has not said what her office will do. Legal experts predict that this battle is far from over.
“There is a long way to go before this is settled.” said UCLA law professor Adam Winkler, who authored the book “Gunfight: The Battle over the Right to Bear Arms in America.”