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
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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.
“...he 2nd Amendment doesn’t guarantee anything.”
Certainly it does: although The Second Amendment does not ESTABLISH a right, it does guarantee ACCESS TO a preexisting right. In that capacity, it serves exactly as The Founders intended; quashing the aspirations of control freaks like Obama who would rather there be no impediment to government being the regulating body that decides what rights you may access, when, and to what extent.
Kudos to the Ninth Circuit for proving — yet again — that even a blind squirrel can find a nut once in awhile.
Our local High School still has its own gun range. Of course, our state lets teachers Conceal Carry on campus.
This issue will be resolved this year given the # of 'bear' cases in the pipeline.
This is so odd! I have seen a couple of sane rulings come out of the 9th lately. I wonder what happened. Maybe even they can see the writing on the wall.
How frightening is it in this land of laws... that God-given rights are even questioned by some corruptable human being?
Celebrate if you wish... but there is not much that would have stopped the wrong outcome here.
That is beyond terrifying.
I’d do it. I was just kidding.
Hunted the railroad tracks from school to home...
Thank Al Gore for Global Warming. Hell just froze over. I just saw the Devil go by, on ice skates.
The Nutty Ninth had a moment of sanity. Hallelujah!
Quick. Get the decision Notarized and put on the internet before the Leftists wake up to what just happened.
Let it snow. Let it snow. Let it snow!
And it is in the DC area, to about a foot or more.
Ha not long ago they had Rifle Teams as a lettermans sport in high schools, and rifles were regularly carried back and forth to schools and some schools even had indoor rifle ranges.
I know in MA they essentially have a two tired system, one lets you carry anywhere allowed by law, the other home or business you own and at a range, but must be transported unloaded in a locked box in you car, etc. What you get all depends on what the local Police Chief thinks about citizens carrying. I have heard NY is similar.
Yes, you can carry a microstamped pistol...
Can I micro-stamp a smiley face on my firing pin?
“As far as I know you CANNOT get a permit to carry in NY State PERIOD. “
You can. In upstate NY it’s doable. In NYC impossible, unless you’re well-connected.
That’s funny, especially since TX gun laws kind of suck. No open carry of handguns, very expensive permit, and a relatively intrusive process to obtain a permit (prints, photo). Heck, Maine has better carry laws. NH has FAR better gun laws. And even Vermont has Constitutional carry.
TX probably does have the best stand your ground laws, though.
This issue will be resolved this year given the # of ‘bear’ cases in the pipeline.
***That means we can affect the dialog by demonstrating OPEN CARRY over 50 states in the next few months. To be candid, that gives me much hope.
“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? “
Cooler than that is the upcoming lawsuit that challenges the permit tax. Especially for the indigent. You could end up in a situation where the state has a choice of open carry, concealed carry, or both... but they can’t charge for a permit.
Non-residents should sue as well. Since permits in CA are issued at the county level, that’ll be interesting to see. I would think a nonresident is free to choose the county to apply in, much as they are in PA.
“1. Did the court give San Diego a deadline to conform? “
Doesn’t look like the 9th delayed their decision. They must issue the permits to the applicants in question or appeal en banc. Which SD will probably do and ask for a stay in the mean time, which the court may or may not grant.
Some folks in HI should be applying tomorrow morning and suing as soon as they get the denial.
What planet are these people on?
The courts have routinely declared in language that is quite clear that the police have no duty whatsoever to any particular individual. The same has been ruled explicitly from the ninth circus as well if I recall correctly. You have no right to police protection, unless, of course, you're a judge, apparently.
I know that. We’re working on it.
Open Carry is Coming to Texas
Texas Mall that Banned Guns over Open Carry Losing Business
Thanks for the ping. It took me awhile to write this because I fell out of my chair after reading the article.
FAUX NEWS ALERT...9TH CIRCUIT JUDGES KIDNAPPED, REPLACED WITH ACTUAL JURISTS
Meanwhile, everyone who wants to should open carry in California, without any permit.
This is huge...
And from the 9th Circus Court, no less... showing once again that every once in a while, even the dumbest ass liberal gets something right...
Yes we are. people get the wrong impression of Texas’ gun laws though. Like someone said further up-thread, the situation in Texas really isn’t that great as far as the 2nd amendment is concerned. Too many democrats who run as republicans to get elected.
That doesn't mean I will obey the law. Screw them.
Let's cut the PC crap. These ILLEGALS do not have ANY rights under our Constitution. PERIOD!
i know, huh?!! :)
Thanks for p[osting the link to the actual decision. There are actually more even compelling quotes within it than those mentioned in the article.
I suspect the reason they did this is because Holder wants to “ask” the Supremes for an opinion, but they don’t do that, there must be a case for them to consider.
So there are several other lower court decisions saying that a state has the right to issue permits, have tests, charge money for a citizen to have a particular right. And now the Ninth has a contradictory ruling, so there is the SCOTUS case!
Holder would not “ask for an opinion” if he didn’t know the answer down to two decimals.
It was remanded back to the District Court. Pretty sure they are going to try to stall or appeal.
No, only 3 of the judges were involved. If the full Big Top had participated it probably would have been the opposite result, and subsequently reversed.
“Was pretty common in the 50s. Wed 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.”
It’s interesting that you mention Monterey County. I was visiting with friends who live outside Salinas yesterday. Since I had read that the Monterey County Sheriff says that he will issue CCW permits, I asked if that were true. It is. Our friend has four employees all of whom have MCSO issued CCW permits. There are 58 counties in CA, most of them (unlike San Diego) will issue CCW to legal residents. This Ninth Circuit ruling is going to be cause for major consternation in SF,LA, Oakland and a few other locales here. As is the case in most places, the $hit LEO’s are in the big population centers.
It is another way to bump the thread. Semens posts craptire all the time because he lacks good writing skills. So he’s a target whenever the real world is so ironic that it begs the question of whether it was intended as satire.
Of course they will. In the long run I think it’ll be for naught as I think they’ll be forced to issue permits on a shall issue basis OR allow for open carry.
Heh heh heh. I’d love to watch Gov Moonbeam sign that bill into law.