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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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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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