Oxnard, CA asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for California

Q: do I need a cww permit in california to exercise my 2nd amendment and 14th amendment? my civil rights feel violated?

U.S. Supreme Court ruled 6–3 that "the Second and Fourteenth Amendments protect an individual's right to carry a handgun for self-defense outside the home. United States Supreme Court in New York State Rifle & Pistol Association, Inc. v. Bruen, possession of a concealed firearm and criminalizing carrying a loaded firearm on your person or in a vehicle in any public place or on a public street and (California Penal Code sections 25400 (a) and 25850 (a)) are unconstitutional under the Second and Fourteenth Amendments of the U.S. Constitution

legal according to "supreme law of the land."??

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, despite the ruling in New York State Rifle & Pistol Association, Inc. v. Bruen by the U.S. Supreme Court, which emphasized the right to carry a handgun for self-defense outside the home, the state still requires individuals to obtain a concealed carry weapon (CCW) permit to legally carry a concealed handgun in public. The state's requirements for obtaining a CCW permit include demonstrating good cause, completing a firearms training course, and passing a background check.

California Penal Code sections 25400(a) and 25850(a), which pertain to carrying concealed and loaded firearms in public places, have not been declared unconstitutional by the Supreme Court as of my last update. Therefore, these provisions remain enforceable in California.

It's important to understand that while the Supreme Court's decisions do set a national standard, state and local jurisdictions can still impose regulations on firearm possession and carrying, as long as they don't violate the constitutional rights as interpreted by the Court. California's CCW laws are an example of such regulations.

If you feel that your civil rights are being violated, you may want to consult with a legal professional who can provide advice specific to your situation. They can help you navigate the complexities of firearm laws and your rights under the Second and Fourteenth Amendments.

Staying informed about any changes in the law and ensuring compliance with current state regulations is essential for legally exercising your Second Amendment rights in California.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.