Skip to comments.Ninth Circuit: The Second Amendment guarantees the right to carry a gun in public
Posted on 02/13/2014 2:27:31 PM PST by 2ndDivisionVet
Via Gabe Malor, whos already found the tastiest chestnuts in the opinion. The novelty here isnt the ruling itself but the court issuing it. Its the Ninth Circuit, which has jurisdiction over the west coast and typically leans left thanks to liberal all-stars like Stephen Reinhardt. (He wasnt part of the panel that heard this one, thankfully.) With todays ruling, the Ninth joins the Seventh in holding that the Second Amendment, just as it says, includes a right to bear arms. States can regulate that right but they cant ban it altogether. Three other federal appellate courts have ruled the other way, all but guaranteeing that SCOTUS will end up deciding this sooner rather than later. Memo to the Courts conservatives: Grant cert ASAP, please, before Obama gets another appointment.
The particular statute at issue here was San Diegos law banning concealed carry. The only way to get a permit there is to show a unique risk of harm. Wanting to carry a gun for self-defense without showing a special need isnt good enough. The Supreme Courts Heller ruling six years ago already guaranteed the right to possess a gun at home, so the question today was whether limiting carry to ones own household is a permissible state regulation of the right to bear arms or an impermissible outright prohibition. Given the text of the Amendment, says the Ninth Circuit, the answer is obvious:
If, as the Supremes found in Heller, the Second Amendment is ultimately a right of self-defense then its goofy to think that the right can be limited to ones own home. If anything, the ability to defend yourself is more urgent when youre not protected by four walls. A little more from the majoritys conclusion:
You can ban open carry or you can ban concealed carry but you cant ban carry entirely without completely depriving people of their right to bear.
Heres the opinion. A history lesson on Americas long jurisprudential tradition of defending the right to carry begins on page 23; brush up for the next time someone on the left insists that these activist conservative courts have gone rogue in defending gun rights. Big question now: Will this ruling survive? It was heard by a three-judge panel, as is custom for appellate cases. But the entire Ninth Circuit can request an en banc hearing of 11 judges, a majority of whom might be liberal, to reconsider it. Probably doesnt matter either way. This issue is headed to the Supreme Court no matter what the Ninth does.
Exit question: Wendy Open Carry Davis must be thrilled at the news, no?
Take that OButthead!
Must be from the Onion or Peoples Cube. The 9th circus made this ruling? Something in the drinking water?
The Abortion Barbie, Wendy Davis, is probably too busy dismembering babies to take time to castigate this ruling. She is NOT pro-gun, no matter WHAT she says. Nor is she pro-life, as she now asserts. She is simply trying to out-lie Hussein Obama!
NHL playoffs will be held in Hell this year.
It is time for CA and HI residence to apply.
Flood the issuing agencies with permit request. Consider this shall issued.
Do so before there is stay or stay pending appeal.
Let’s hope that SCOTUS doesn’t overturn their decision - you know, just out of habit.
The Ninth Circus must be chugging vodka ... no way they’d issue a sane ruling like this if they were sober.
Was considered obvious and normal when I grew up.
Odd that it took a judicial decision to arrive at the obvious.
I do notice that the seen to believe that police provide us protection and that “gun violence” is an issue........... Blah, blah, blah. They obviously don’t know a whole lot since other courts have already declared that the cops have NO responsibility to protect individuals. Period. They also apparently don’t know or don’t want to know that “gun violence” is declining even with the HUGE increase of private firearms ownership. All in all though I consider it a plus for pro 2a folks.
Just so we are clear, that was the ((9th)) Circuit???
OMG!- a pig just flew by my second story window.
Uh, which day were they sober? (maybe they all have ‘scrips for some of that there medicinal mary jane.)
As far as I know you CANNOT get a permit to carry in NY State PERIOD. (And by ‘carry’ I mean to carry on your person as a general thing versus carry to the gun range or some such rubbish.
We used to take rifles and shotguns to school so that we could hunt on the way home or do some plinking. And I’m not as old as you think.