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?
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.
That has not generally been true. The way it always had been was that a person not prohibited could obtain a premises permit. To obtain a concealed carry permit required another permit granted by a judge. It was a bit more difficult, but not forbidden.
The reason the liberals prate on public fear of gun violence to promote gun control has nothing to do with public safety and EVERYTHING to do with history and what is going on in places like Venezuela.
They fear that an armed populace, familiar with firearms, may one day decide they have had it with politicians stealing their healthcare, propagandizing their children, giving their country away to foreign invaders, ruining their economy, and taxing them to death.
In Chicago, you could take the North Ave. bus straight west to the open fields/farms carrying a shotgun as a youngster in the 50s and 60s...or so I am told. ;-]
Gotcha. I use a 24 hour military clock so it’s only right once a day. LOL!
Without a shirt and either tucked fully or partially into an adult diaper. You may wear booties.
#7 Thats the end game.
Think of it as a forward pass instead of a punt.
Summary of US v. Stewart November 2003.
Now, seeing as how the hallmark of courts is rank inconsistency and use of brute force, the same court later ruled that machine guns are dangerous and unusual weapons' that are unprotected by the Second Amendment. US v. Henry, August 2012.
Of course, I'll take an honest ruling when I can get it, but I don't expect consistency or adherence to the law.
It is worth trying.