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Ninth Circuit: The Second Amendment guarantees the right to carry a gun in public
Hot Air ^ | February 13, 2014 | Allahpundit

Posted on 02/13/2014 2:27:31 PM PST by 2ndDivisionVet

Via Gabe Malor, who’s already found the tastiest chestnuts in the opinion. The novelty here isn’t the ruling itself but the court issuing it. It’s the Ninth Circuit, which has jurisdiction over the west coast and typically leans left thanks to liberal all-stars like Stephen Reinhardt. (He wasn’t part of the panel that heard this one, thankfully.) With today’s 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 can’t 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 Court’s conservatives: Grant cert ASAP, please, before Obama gets another appointment.

The particular statute at issue here was San Diego’s 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 isn’t good enough. The Supreme Court’s Heller ruling six years ago already guaranteed the right to possess a gun at home, so the question today was whether limiting carry to one’s 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 it’s goofy to think that the right can be limited to one’s own home. If anything, the ability to defend yourself is more urgent when you’re not protected by four walls. A little more from the majority’s conclusion:

You can ban open carry or you can ban concealed carry but you can’t ban carry entirely without completely depriving people of their right to “bear.”

Here’s the opinion. A history lesson on America’s 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 doesn’t 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?


TOPICS: Constitution/Conservatism; Crime/Corruption; Front Page News; Government; US: California
KEYWORDS: 2ndamendment; banglist; ccw; judiciary; ninthcircuit; opencarry; rtkba; secondamendment
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Read it and weep, Democrats!
1 posted on 02/13/2014 2:27:31 PM PST by 2ndDivisionVet
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To: 2ndDivisionVet

Take that OButthead!


2 posted on 02/13/2014 2:30:28 PM PST by Huskrrrr
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To: 2ndDivisionVet

Must be from the Onion or Peoples Cube. The 9th circus made this ruling? Something in the drinking water?


3 posted on 02/13/2014 2:35:20 PM PST by rktman (Under my plan(scheme),unemployment will necessarily skyrocket! Despite the % dropping. Period.)
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To: 2ndDivisionVet

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!


4 posted on 02/13/2014 2:37:06 PM PST by 2harddrive
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To: 2ndDivisionVet

NHL playoffs will be held in Hell this year.


5 posted on 02/13/2014 2:37:45 PM PST by Extremely Extreme Extremist (15 years of FReeping! Congratulations EEE!!)
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To: 2ndDivisionVet

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.


6 posted on 02/13/2014 2:38:00 PM PST by riverrunner
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To: 2ndDivisionVet

Let’s hope that SCOTUS doesn’t overturn their decision - you know, just out of habit.


7 posted on 02/13/2014 2:38:02 PM PST by alancarp
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To: 2ndDivisionVet; FReepers; Patriots; FRiends







Free Republic is Your Voice and Your Forum!
We Really Need and Appreciate Your Loyal Support!
PLEASE Make Your Donation Today, Monthly, if You POSSIBLY & RELIABLY can!

8 posted on 02/13/2014 2:38:18 PM PST by onyx (Please Support Free Republic - Donate Monthly! If you want on Sarah Palin's Ping List, Let Me know!)
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To: rktman

The Ninth Circus must be chugging vodka ... no way they’d issue a sane ruling like this if they were sober.


9 posted on 02/13/2014 2:39:33 PM PST by NorthMountain
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To: 2ndDivisionVet

Was considered obvious and normal when I grew up.

Odd that it took a judicial decision to arrive at the obvious.


10 posted on 02/13/2014 2:41:47 PM PST by Regulator
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To: rktman

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.


11 posted on 02/13/2014 2:42:37 PM PST by rktman (Under my plan(scheme),unemployment will necessarily skyrocket! Despite the % dropping. Period.)
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To: 2ndDivisionVet
The decision is certainly a big step forward, however, the 2nd Amendment doesn't guarantee anything. It recognizes or enumerates a right from God that preexist government.
12 posted on 02/13/2014 2:42:39 PM PST by suijuris
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To: 2ndDivisionVet

Just so we are clear, that was the ((9th)) Circuit???


13 posted on 02/13/2014 2:43:09 PM PST by VanDeKoik
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To: 2ndDivisionVet
"Ninth Circuit: The Second Amendment guarantees the right to carry a gun in public"

OMG!- a pig just flew by my second story window.

14 posted on 02/13/2014 2:43:37 PM PST by Pajamajan (Pray for our nation. Thank the Lord for everything you have. Don't wait. Do it today.)
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To: NorthMountain

Uh, which day were they sober? (maybe they all have ‘scrips for some of that there medicinal mary jane.)


15 posted on 02/13/2014 2:44:05 PM PST by rktman (Under my plan(scheme),unemployment will necessarily skyrocket! Despite the % dropping. Period.)
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To: VanDeKoik

Indeed.


16 posted on 02/13/2014 2:44:06 PM PST by 2ndDivisionVet (Jealousy is when you count someone else's blessings instead of your own.)
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To: 2ndDivisionVet

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.


17 posted on 02/13/2014 2:44:08 PM PST by TalBlack
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To: 2ndDivisionVet
You can ban open carry or you can ban concealed carry but you can’t ban carry entirely without completely depriving people of their right to “bear.”

"Bears" repeating.
18 posted on 02/13/2014 2:44:55 PM PST by RandallFlagg ("I said I never had much use for one. Never said I didn't know how to use it." --Quigley)
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To: Regulator

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.


19 posted on 02/13/2014 2:45:44 PM PST by 2ndDivisionVet (Jealousy is when you count someone else's blessings instead of your own.)
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To: TalBlack


20 posted on 02/13/2014 2:48:42 PM PST by 2ndDivisionVet (Jealousy is when you count someone else's blessings instead of your own.)
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To: 2ndDivisionVet



             

21 posted on 02/13/2014 2:50:08 PM PST by tomkat
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To: 2ndDivisionVet

Is this satire? Maybe from The Onion? Did pigs fly when the 9th Circuit issued this finding?


22 posted on 02/13/2014 2:51:28 PM PST by Kevmo ("A person's a person, no matter how small" ~Horton Hears a Who)
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To: 2ndDivisionVet

I would still point out that the Constitution doesn’t grant me any rights, it only enumerates them. I was born with those rights and I don’t even acknowledge a cour’ts authority to rule on the matter.


23 posted on 02/13/2014 2:53:18 PM PST by SampleMan (Feral Humans are the refuse of socialism.)
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To: rktman
Must be from the Onion or Peoples Cube. The 9th circus made this ruling? Something in the drinking water?

They got glasses, or a large-type version of the Constitution.

24 posted on 02/13/2014 2:55:06 PM PST by Steely Tom (How do you feel about robbing Peter's robot?)
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To: 2ndDivisionVet
Princess Liawatha (Maoist-MA) is contemplating suicide because there’ll be no more “sensible gun laws”.
25 posted on 02/13/2014 2:55:30 PM PST by Gay State Conservative (Obama: "I can do whatever I want")
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To: TalBlack
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.

The same was true in all of the densely-populated counties in CA right up until this morning, and it will still be true for as long as politicians can stall.

Two questions:

1. Did the court give San Diego a deadline to conform?

2. Sooner or later this is going to lead to the issue of how non-residents can carry. Any thoughts on that?

26 posted on 02/13/2014 2:58:41 PM PST by CurlyDave
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To: Steely Tom

LOL! Just cause it’s in LARGE PRINT don’t improve their comprehension “skills”. Had to be something in the water. Was it a full panel review? Were all the judges represented in the decision/ruling that was handed down? If not, can “someone” appeal it and ask for the full panel to review the decision/ruling?


27 posted on 02/13/2014 3:00:55 PM PST by rktman (Under my plan(scheme),unemployment will necessarily skyrocket! Despite the % dropping. Period.)
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To: scripter

9th Circuit! can you believe it? perhaps they are tired of having their rulings overturned...


28 posted on 02/13/2014 3:01:54 PM PST by latina4dubya (when i have money i buy books... if i have anything left, i buy 6-inch heels and a bottle of wine...)
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To: 2ndDivisionVet

It doesn’t matter to me what the Supreme Political Hack Court says on this issue. I can read and will keep and bear arms.


29 posted on 02/13/2014 3:03:55 PM PST by mosaicwolf (Strength and Honor)
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To: 2ndDivisionVet
A slick lawyer must have tricked the court into believing they were approving sleeveless dresses, as in bare arms.
30 posted on 02/13/2014 3:04:11 PM PST by shove_it (long ago Orwell and Rand warned us of Obama’s America)
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To: 2ndDivisionVet

31 posted on 02/13/2014 3:06:23 PM PST by KoRn (Department of Homeland Security, Certified - "Right Wing Extremist")
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To: 2ndDivisionVet

The catch is that Arms can be effectively eliminated through regulations. And the courts have ruled that the state has the right to Infringe on the right to bear arms by using regulations. Even though “Shall Not be Infringed” is pretty darn clear.


32 posted on 02/13/2014 3:06:52 PM PST by Revel
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To: John Semmens

John Semens, your craptire is bilgePissWater compared to real news like this.


33 posted on 02/13/2014 3:12:20 PM PST by Kevmo ("A person's a person, no matter how small" ~Horton Hears a Who)
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To: 2ndDivisionVet
Later in the day the Ninth Circuit issued this clarification: "Oops!"  /s


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34 posted on 02/13/2014 3:12:51 PM PST by DoughtyOne (Immigration Reform is job NONE. It isn't even the leading issue with Hipanics. Enforce our laws.)
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To: 2ndDivisionVet

The Ninth??? Is this from The Onion?


35 posted on 02/13/2014 3:14:00 PM PST by ilovesarah2012
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To: TalBlack

That is NYC. It is still possible to get a carry permit in NY State (for now):

http://www.nraila.org/gun-laws/state-laws/new-york.aspx

There is a famous image of Eleanor Roosevelt’s carry permit, from 1957, and it was clearly marked “NOT VALID IN THE CITY OF NEW YORK”.

BARF ALERT: Do not go to the location, below, unless you have a strong stomach.

http://www.slate.com/content/dam/slate/blogs/the_vault/2013/5/20/EleanorRooseveltPermitFinal.jpg.CROP.article920-large.jpg


36 posted on 02/13/2014 3:15:36 PM PST by jttpwalsh
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To: tomkat

..where well-trained police forces provide personal security... TO THEMSELVES FIRST. The rest of us.....I guess we’ll receive it if and when they get around to us. Remember, ‘Protect and Serve’is just a motto.


37 posted on 02/13/2014 3:15:56 PM PST by yadent
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To: 2ndDivisionVet

We used to take rifles and shotguns to school

Was pretty common in the 50s. We’d see long guns and pistols in holsters being carried and worn by high school kids leaving school or walking down a road on their way to a friendly ranch or a nearby canyon. This was in Monterey, California.

The only interest was from a friendly police officer who wanted to check out the various guns the kids had and remind them of gun safety, not to shoot toward the highway or cattle etc.


38 posted on 02/13/2014 3:18:34 PM PST by Joan Kerrey (The larger the government, the smaller the people)
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To: 2ndDivisionVet

From the 9th Circuit, will wonders never cease.

This is like a shot between the eyes to gun grabbers.


39 posted on 02/13/2014 3:18:44 PM PST by PoloSec ( Believe the Gospel: how that Christ died for our sins, was buried and rose again)
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To: PoloSec

Bloomberg wept.


40 posted on 02/13/2014 3:19:28 PM PST by 2ndDivisionVet (Jealousy is when you count someone else's blessings instead of your own.)
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To: Joan Kerrey

Our police department in Chino was made up of veterans and retired military for the most part and was rather large for a town of 10,000 people, but, of course, we had a prison just down the road.


41 posted on 02/13/2014 3:21:30 PM PST by 2ndDivisionVet (Jealousy is when you count someone else's blessings instead of your own.)
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To: yadent
TO THEMSELVES FIRST

That.

And yer doggie better run like hell . . .

42 posted on 02/13/2014 3:21:48 PM PST by tomkat
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To: 2ndDivisionVet

Link to the opinion:

http://cdn.ca9.uscourts.gov/datastore/opinions/2014/02/12/1056971.pdf


43 posted on 02/13/2014 3:25:07 PM PST by Mr Rogers (Liberals are like locusts...)
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To: rktman
The 9th circus made this ruling?

Even a stopped clock tells the right time twice a day.

44 posted on 02/13/2014 3:25:20 PM PST by rarestia (It's time to water the Tree of Liberty.)
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To: Revel

*** Even though “Shall Not be Infringed” is pretty darn clear. ***

Yep. It is amazing how the government and the legal “experts” come up with all of the crap laws that very certainly infringe on our Rights. Glad they had there reading glasses on when they reviewed this one.


45 posted on 02/13/2014 3:29:05 PM PST by 21twelve (http://www.freerepublic.com/focus/f-news/2185147/posts 2013 is 1933 REBORN)
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To: riverrunner

I don’t think that would work. It’s not like this is homosexual marriage or something.


46 posted on 02/13/2014 3:29:44 PM PST by 1010RD (First, Do No Harm)
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this came from the Ninth CIRCUS??? pigs must be flying someplace...
47 posted on 02/13/2014 3:31:50 PM PST by Chode (Stand UP and Be Counted, or line up and be numbered - *DTOM* -vvv- NO Pity for the LAZY - 86-44)
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To: rarestia

Even a stopped clock tells the right time twice a day.
***But a clock going in reverse tells the right time far more than that.


48 posted on 02/13/2014 3:32:20 PM PST by Kevmo ("A person's a person, no matter how small" ~Horton Hears a Who)
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To: 2ndDivisionVet

I expect the Governor and AG of California to behave exactly as the Governor and AG of Maryland did when they were dealt the same hand by a Federal court ordering them to make some provision for concealed carry. They will simply say they will not abide by the ruling. A promise they kept, BTW.


49 posted on 02/13/2014 3:32:30 PM PST by crusher (GREEN: Globaloney for the Gullible)
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To: 2ndDivisionVet

On August 11, 1986, President Ronald Reagan nominated O’Scannlain to a seat on the United States Court of Appeals for the Ninth Circuit vacated by Judge Robert Boochever. O’Scannlain was confirmed by the Senate on September 25, 1986, and received his commission on September 26, 1986.

On February 12, 2003, Callahan was nominated by President George W. Bush to serve on the United States Court of Appeals for the Ninth Circuit. Her Senate confirmation hearing was on May 7, 2003. On May 22, 2003, she was confirmed by a 99-0 vote.

Gonzalez, Irma Elsa

Nominated by George H.W. Bush on April 9, 1992, to a seat vacated by J. Lawrence Irving. Confirmed by the Senate on August 11, 1992, and received commission on August 12, 1992. Served as chief judge, 2005-2012. Assumed senior status on March 29, 2013. Service terminated on October 25, 2013, due to retirement.

The case was argued in Dec 2012.


50 posted on 02/13/2014 3:32:45 PM PST by Mr Rogers (Liberals are like locusts...)
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