In my educational role volunteer teaching Concealed Handgun classes for certification in Oregon and Utah I have had to field questions about California, one of the most restrictive states in the Republic. It seems to me a lot of anti-gun proponents totally miss the mark (or better said, the bulls-eye?). While I doubt they are stupid, most certainly they are misinformed, misguided and misdirected. If they fail the test of the 3Ms, then they are stupid!
Recently the 9th Circuit Federal Court of Appeal basically said some portions of the California gun laws are unconstitutional. That analysis is under the Bill of Rights, 2nd Amendment.
To understand the ruling, California’s state constitution lays the standard for review of state gun laws. That is in the light of the 2nd Amendment where the state of California did not set exceptions aside for California’s 10th Amendment State's Rights to limit California citizen’s gun rights. In fact, California did just the opposite.
The people of California clearly state: State of California Constitution; Article I: Section 1. All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.
Article III: SEC. 1. The State of California is an inseparable part of the United States of America, and the United States Constitution is the supreme law of the land.
The people of California have said they have “inalienable” rights which in part allow them to personally defend life and liberty; and in that process they can obtain safety, happiness and privacy. The people accepted the Federal Constitution as an overlay on their state constitution and adopted it as superior to their constitution. How, oh stupid person, can those people obtain safety, happiness and privacy if they do not have the means to defend themselves or their property?
California’s has long practiced discretionary review under their statutes and in violation of their citizen’s constitutional right by honoring a statutory “good cause” (California Penal Code Section 26150 and 26202) basis for issuing a concealed handgun license.
Orange County Sheriff Sandra Hutchens has decided to issue concealed handgun licenses amid the political chaos surrounding the issue but in keeping with the federal law defined in part by the Court of Appeal. She is to be commended for that decision.
I suggest dropping Sheriff Hutchens a note or short letter in support of her efforts to constitutionally protect their constituent’s constitutional rights. Navigate their website at: http://www.ocsd.org for further information or click on “contact us” on their CCW page at http://www.ocsd.org/about/info/services/ccw.
I fully support Sheriff Hutchens for political courage during this trying time.
Don Leach, Author and Retired Attorney