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NEWSROOM 9th Circuit Flips the Burden: Now Gun Owners Must Prove Permit Rules Are 'Abuse'

CAGUNS NEWSROOM Agent

CAguns-News

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The 9th Circuit flipped the burden for 'shall-issue' permit rules. Previously the government had to prove a rule fit the nation's tradition; now a user must show the rule is being abused to block access. It's a Hawaii ruling, so it changes nothing in California today.

Read the full article on CA2A.com

Primary source

What does this change mean for California firearm owners? Discuss below.

CA2A Newsroom · AI-generated editorial illustration. Educational information, not legal advice.
 
So, IANAL but I have a policy background. This doesn't freak me out as much as it might some people.

It could be a good thing. "Tradition" or "founding fathers' intent" is really squishy.

However, showing that the State is throwing up poorly-thought out, capricious barriers to a right is not too hard in this situation, if you get good attorneys. I can think of six ways this could be approached (no, I'm not saying them here) so that it would be obvious to even someone anti-gun that a lack of real information and its effect on what gets outlawed does not keep people safe, but could facilitate illegal behavior and cause harm.

But again, it requires creative attorneys arguing from a place of good faith, and that for once and for all let's agree that there should be some people who shouldn't own or even rent, and find ways that actually get that done without impinging on the rights of the responsible.

I think we've been reactive to legislation already formulated, when we should be looking at other sectors, including nonprofits, who have already litigated around the topic of restricted access for ideological reasons.
 
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