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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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