9th Circuit is in a crack this time

Well done, Calguns Foundation, Second Amendment Foundation, Firearms Policy Coalition, Firearms Policy Foundation, and Madison Society Foundation.

Riverside, California Sheriff Stan Sniff Sued for “Discriminatory and Unconstitutional” Handgun Carry Policies in Federal Court
After purchasing a handgun with the intention of eventually lawfully carrying it for self-defense, plaintiff Arie van Nieuwenhuyzen asked the Riverside County Sherriff’s Department how he could apply for a “CCW” license to carry it in public. But the Sheriff’s Department told him that, because he was a legal U.S. resident and not a U.S. citizen, he could not even apply for a license under Sheriff Sniff’s handgun policies and practices. That, the plaintiffs say, is unconstitutional.

Here is the Complaint. Good reading.

As I said, the 9th is in a tough spot of their own making.

Historically, 9th Circuit Courts have done their damnedest to uphold almost every California infringement of Second Amendment rights, going so far as to support a law requiring nonexistent “microstamping”.

On the other hand, a 9th Circuit Appellate panel did recently rule in favor of open carry. And that’s a precedent that may apply here, since California doesn’t allow any unlicensed carry.

What really gets interesting is that van Nieuwenhuyzen is challenging a blanket policy, one which appears to be in violation of California state preemption laws.

Sniff’s department, rather stupidly, did not reject van Nieuwenhuyzen’s application on the usual (and bogus) “good moral character” grounds. They refused his application because he isn’t a citizen. That was a mistake.

While I’m sure most judges in the 9th would like to uphold that policy (and often rule in favor of the state versus any sane reality), Sniff et al screwed up.

To find for the sheriff, the judge would have to find that the policy of a blanket ban on noncitizen legal residents — regardless of “good moral character,” community standing, whatever — is in the interest of “public safety.”

That noncitizen legal residents are an inherent threat to public safety. Simply by existing.

I almost hope the judge (and the 9th Appeals Court) is that stupid. If legal residents are an inherent threat, just imagine what a threat illegal aliens must be.

That would provide a precedent to challenge every “sanctuary” policy for illegal aliens out there. You know, the illegal aliens that Democrats expect to be voting for gun control in the mid-terms.

Or the judge (and Circuit) could opt for sanity, and we still chip a –admittedly small — hole in arbitrary CCW denials.


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10 thoughts on “9th Circuit is in a crack this time”

  1. Well, it is Kommiefornistan after all. Here in South Carolina the application for a Concealed Weapons Permit has a line for Alien #, which is the USCIS number on a Lawful Permanent Resident’s Green Card.

    1. South Carolina has nothing to brag about. They will allow aliens to carry firearms, but they make it impossible for citizens from the majority of states to carry. That is no better for me than California.

  2. The ninth amendment basically states that the rights of The People exist enumerated or not in the Bill of Rights.
    And the supreme court has over two centuries said those rights existed before the signing of the documents that founded our Union to be Citizens of.

  3. Assuming Mr. Nieuwenhuyzen wins his suit he will be allowed to apply for his CCW permit and probably be denied under the “GOOD CAUSE” requirement. Final outcome: denial of his application. (Or am I missing something?)

    1. No, you’re not missing anything. This being California, I expect that’s exactly what will happen (I’m surprised the sheriff’s office didn’t do that in the first place). In that event, the upside is a precedent that can be applied to illegal aliens.

      But yes, I figure Mr. Nieuwenhuyzen will still be hosed regarding his license. I’ll leave it to the lawyers, but there might be a case to be made for retaliation if the license is still denied, since the man certainly sounds like a fine, upstanding resident.

  4. California is such a pain in the ass state for the rest of the Union. Has anyone ever thought that maybe all other states should maybe take a vote on kicking them out of the Union. Or just to refuse to do any business with them.
    Seriously , if they want to have all those illegals living there then that state should be footing the entire bill / bills. It’s just not right that the rest of the country has to suffer monetarily because of their craziness of the Liberals / Socialist

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