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Old 07-06-2015, 03:57 PM
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Extrajudicial
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Quote:
Originally Posted by Fear Itself View Post
So why hasn't it been successfully challenged in California? Does the Constitution apply differently there? Seems to me the arguments that failed to change the law on constitutional grounds in California will fail for the same reason in the rest of the country.
To date, there have been no CA gun laws that have been adjudicated at the SCOTUS level. The "may issue" CCW scheme was stricken down in Peruta at the appelate level before it went en banc. The 10 day wait as applied was stricken down as unconstitutional at the district level. This is being appealed by the attorney general.

Other current cases - it's illegal for a gun store to have images of handguns visible to the public, but images of rifles are just fine. This is being challenged on first amendment grounds, so not sure if you'd consider that part of the CA laws you'd like exported across the nation. I personally am a fan of free speech, but YMMV.