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.
Is this satire? Maybe from The Onion? Did pigs fly when the 9th Circuit issued this finding?
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.
They got glasses, or a large-type version of the Constitution.
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.
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?
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?
9th Circuit! can you believe it? perhaps they are tired of having their rulings overturned...
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.
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.
John Semens, your craptire is bilgePissWater compared to real news like this.
The Ninth??? Is this from The Onion?
That is NYC. It is still possible to get a carry permit in NY State (for now):
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.
..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.
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.
From the 9th Circuit, will wonders never cease.
This is like a shot between the eyes to gun grabbers.
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.
And yer doggie better run like hell . . .
Link to the opinion:
Even a stopped clock tells the right time twice a day.
*** 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.
I don’t think that would work. It’s not like this is homosexual marriage or something.
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.
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.
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.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.