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Originally Posted by 62coltnavy
Kachalsky, Peruta, Drake and Woollard all address the constitutionality of a "may issue" law.
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I don't see where in the
Peruta opinion the constitutionality of a may issue law is addressed.
In fact,
Peruta counsel were very careful to consistently claim they were NOT challenging the law, and in fact no laws were struck down, only a sheriff's policy.
The
Peruta opinion says (I've read it a coupla times now...IANAL, but the verbiage in the opinion seems pretty darn clear) -- because CA had outlawed open carry, restricting concealed carry (and this is the important point) via
policy (again, not law, policy) to the point where Joe Average cannot get a LTC
for self-defense (again, a big point, the whole decision is basically that Sheriff Gore must accept "self-defense" as good cause, not that requiring good cause is unconstitutional), is unconstitutional.
Maybe they're still inapposite, but to claim that
Peruta "address(es) the constitutionality of a 'may issue' law" seems very inaccurate to me.