Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

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

click here to read article


Navigation: use the links below to view more comments.
first previous 1-5051-100101-109 next last
To: TalBlack
i've had a CCW for 38 years...
51 posted on 02/13/2014 3:33:24 PM PST by Chode (Stand UP and Be Counted, or line up and be numbered - *DTOM* -vvv- NO Pity for the LAZY - 86-44)
[ Post Reply | Private Reply | To 17 | View Replies]

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.

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.

52 posted on 02/13/2014 3:33:25 PM PST by imardmd1 (Fiat Lux)
[ Post Reply | Private Reply | To 17 | View Replies]

To: 2ndDivisionVet

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.


53 posted on 02/13/2014 3:33:27 PM PST by ZULU (Magua is sitting in the Oval Office. Ted Cruz/Phil Robertson in 2016.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: 2ndDivisionVet

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. ;-]


54 posted on 02/13/2014 3:33:38 PM PST by 1010RD (First, Do No Harm)
[ Post Reply | Private Reply | To 19 | View Replies]

To: rarestia

Gotcha. I use a 24 hour military clock so it’s only right once a day. LOL!


55 posted on 02/13/2014 3:34:39 PM PST by rktman (Under my plan(scheme),unemployment will necessarily skyrocket! Despite the % dropping. Period.)
[ Post Reply | Private Reply | To 44 | View Replies]

To: CurlyDave

Without a shirt and either tucked fully or partially into an adult diaper. You may wear booties.


56 posted on 02/13/2014 3:35:39 PM PST by 1010RD (First, Do No Harm)
[ Post Reply | Private Reply | To 26 | View Replies]

To: alancarp

#7 Thats the end game.
Think of it as a forward pass instead of a punt.


57 posted on 02/13/2014 3:37:19 PM PST by right way right (America has embraced the suck of Freedumb.)
[ Post Reply | Private Reply | To 7 | View Replies]

To: 2ndDivisionVet
The Ninth Circuit once issued an opinion that possession of a machine gun could not be prohibited by congress.

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.

58 posted on 02/13/2014 3:41:40 PM PST by Cboldt
[ Post Reply | Private Reply | To 1 | View Replies]

To: 1010RD

It is worth trying.


59 posted on 02/13/2014 3:49:39 PM PST by riverrunner
[ Post Reply | Private Reply | To 46 | View Replies]

To: riverrunner; Godzilla

Good advice


60 posted on 02/13/2014 3:51:25 PM PST by reaganaut (Ex-Mormon, now Christian. I once was lost but now am found, was blind but now I see.)
[ Post Reply | Private Reply | To 6 | View Replies]

To: suijuris

“...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.


61 posted on 02/13/2014 3:52:33 PM PST by HKMk23 (The Superior Culture will prevail.)
[ Post Reply | Private Reply | To 12 | View Replies]

To: 2ndDivisionVet

Our local High School still has its own gun range. Of course, our state lets teachers Conceal Carry on campus.


62 posted on 02/13/2014 3:54:41 PM PST by reaganaut (Ex-Mormon, now Christian. I once was lost but now am found, was blind but now I see.)
[ Post Reply | Private Reply | To 19 | View Replies]

To: rktman; NorthMountain; VanDeKoik; Kevmo; latina4dubya
This ruling was by a three-judge panel; en banc or more likely appeal directly to SCOTUS is next.

This issue will be resolved this year given the # of 'bear' cases in the pipeline.

63 posted on 02/13/2014 3:55:21 PM PST by Ready4Freddy
[ Post Reply | Private Reply | To 3 | View Replies]

To: NorthMountain
The Ninth Circus must be chugging vodka ... no way they’d issue a sane ruling like this if they were sober.

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.

64 posted on 02/13/2014 3:55:58 PM PST by Colorado Doug (Now I know how the Indians felt to be sold out for a few beads and trinkets)
[ Post Reply | Private Reply | To 9 | View Replies]

To: 2ndDivisionVet

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.


65 posted on 02/13/2014 4:11:52 PM PST by Rodamala
[ Post Reply | Private Reply | To 1 | View Replies]

To: riverrunner

I’d do it. I was just kidding.


66 posted on 02/13/2014 4:20:38 PM PST by 1010RD (First, Do No Harm)
[ Post Reply | Private Reply | To 59 | View Replies]

To: 2ndDivisionVet
I did that myself....In Ohio in the late 50's.

Hunted the railroad tracks from school to home...

67 posted on 02/13/2014 4:39:32 PM PST by unread (Rescind the 17th. Amendment...bring the power BACK to the states...!)
[ Post Reply | Private Reply | To 19 | View Replies]

To: rktman

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.


68 posted on 02/13/2014 4:41:50 PM PST by MadMax, the Grinning Reaper
[ Post Reply | Private Reply | To 3 | View Replies]

To: 2ndDivisionVet
En Banc appeal filed yet?
69 posted on 02/13/2014 5:12:03 PM PST by ExSES (the "bottom-line")
[ Post Reply | Private Reply | To 1 | View Replies]

To: 2ndDivisionVet

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.


70 posted on 02/13/2014 5:43:13 PM PST by rolling_stone
[ Post Reply | Private Reply | To 19 | View Replies]

To: TalBlack

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.


71 posted on 02/13/2014 5:49:23 PM PST by matt04
[ Post Reply | Private Reply | To 17 | View Replies]

To: 2ndDivisionVet

Yes, you can carry a microstamped pistol...


72 posted on 02/13/2014 6:31:48 PM PST by ltc8k6
[ Post Reply | Private Reply | To 1 | View Replies]

To: ltc8k6

Can I micro-stamp a smiley face on my firing pin?


73 posted on 02/13/2014 6:33:30 PM PST by Repeal The 17th (We have met the enemy and he is us.)
[ Post Reply | Private Reply | To 72 | View Replies]

To: TalBlack

“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.


74 posted on 02/13/2014 6:34:31 PM PST by RKBA Democrat (Having some small say in who gets to hold the whip doesn't make you any less a slave.)
[ Post Reply | Private Reply | To 17 | View Replies]

To: 2ndDivisionVet

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.


75 posted on 02/13/2014 6:42:57 PM PST by RKBA Democrat (Having some small say in who gets to hold the whip doesn't make you any less a slave.)
[ Post Reply | Private Reply | To 20 | View Replies]

To: crusher
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. ***Lawlessness shall increase What the Bible Teaches About Lawlessness Increasing - Middletown Bible church http://www.middletownbiblechurch.org/crisesod/crises6.htm‎ The lawless person cries out in his heart, "not God's will, but my will be done! ... ______ What kind of deeds did these people practice (2 Peter 2:8)? ... Restrainer will be "taken out of the way" and then lawlessness will increase as never before.
76 posted on 02/13/2014 6:44:46 PM PST by Kevmo ("A person's a person, no matter how small" ~Horton Hears a Who)
[ Post Reply | Private Reply | To 49 | View Replies]

To: Ready4Freddy

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.


77 posted on 02/13/2014 6:56:28 PM PST by Kevmo ("A person's a person, no matter how small" ~Horton Hears a Who)
[ Post Reply | Private Reply | To 63 | View Replies]

To: CurlyDave

“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.


78 posted on 02/13/2014 7:05:11 PM PST by RKBA Democrat (Having some small say in who gets to hold the whip doesn't make you any less a slave.)
[ Post Reply | Private Reply | To 26 | View Replies]

To: CurlyDave

“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.


79 posted on 02/13/2014 7:22:09 PM PST by RKBA Democrat (Having some small say in who gets to hold the whip doesn't make you any less a slave.)
[ Post Reply | Private Reply | To 26 | View Replies]

To: 2ndDivisionVet

bttt


80 posted on 02/13/2014 7:45:34 PM PST by smokingfrog ( sleep with one eye open (<o> ---)
[ Post Reply | Private Reply | To 1 | View Replies]

To: 2ndDivisionVet
"...where well trained police provide personal security..."

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.

81 posted on 02/13/2014 7:53:07 PM PST by zeugma (Is it evil of me to teach my bird to say "here kitty, kitty"?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: 2ndDivisionVet
I'd point out that Texas has no open carry provision for anything other than long guns.
82 posted on 02/13/2014 7:55:07 PM PST by zeugma (Is it evil of me to teach my bird to say "here kitty, kitty"?)
[ Post Reply | Private Reply | To 20 | View Replies]

To: zeugma

I know that. We’re working on it.

Open Carry is Coming to Texas
http://www.freerepublic.com/focus/f-bloggers/3119929/posts

Texas Mall that Banned Guns over Open Carry Losing Business
http://www.freerepublic.com/focus/f-bloggers/3111651/posts


83 posted on 02/13/2014 7:59:13 PM PST by 2ndDivisionVet (I will raise $2M for Sarah Palin's next run, what will you do?)
[ Post Reply | Private Reply | To 82 | View Replies]

To: Kevmo
John Semens, your craptire is bilgePissWater compared to real news like this.

Your point?
84 posted on 02/13/2014 8:43:13 PM PST by Pox (Good Night. I expect more respect tomorrow.)
[ Post Reply | Private Reply | To 33 | View Replies]

To: latina4dubya

Thanks for the ping. It took me awhile to write this because I fell out of my chair after reading the article.


85 posted on 02/13/2014 8:47:13 PM PST by scripter
[ Post Reply | Private Reply | To 28 | View Replies]

To: 2ndDivisionVet

FAUX NEWS ALERT...9TH CIRCUIT JUDGES KIDNAPPED, REPLACED WITH ACTUAL JURISTS


86 posted on 02/13/2014 11:39:39 PM PST by LaybackLenny (Sarah Palin - Last Man Standing (Ironic, ain't it?))
[ Post Reply | Private Reply | To 1 | View Replies]

To: 2ndDivisionVet

Meanwhile, everyone who wants to should open carry in California, without any permit.


87 posted on 02/14/2014 6:02:38 AM PST by Candor7 (Obama fascism article:(http://www.americanthinker.com/2009/05/barack_obama_the_quintessentia_1.html))
[ Post Reply | Private Reply | To 1 | View Replies]

To: 2ndDivisionVet

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...


88 posted on 02/14/2014 6:16:02 AM PST by NFHale (The Second Amendment - By Any Means Necessary.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: 2ndDivisionVet

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.


89 posted on 02/14/2014 6:18:51 AM PST by zeugma (Is it evil of me to teach my bird to say "here kitty, kitty"?)
[ Post Reply | Private Reply | To 83 | View Replies]

To: TalBlack
As far as I know you CANNOT get a permit to carry in NY State PERIOD.

That doesn't mean I will obey the law. Screw them.

90 posted on 02/14/2014 6:57:20 AM PST by unixfox (Abolish Slavery, Repeal the 16th Amendment)
[ Post Reply | Private Reply | To 17 | View Replies]

To: CurlyDave
2. Sooner or later this is going to lead to the issue of how non-residents can carry. Any thoughts on that?

Let's cut the PC crap. These ILLEGALS do not have ANY rights under our Constitution. PERIOD!

91 posted on 02/14/2014 6:59:37 AM PST by unixfox (Abolish Slavery, Repeal the 16th Amendment)
[ Post Reply | Private Reply | To 26 | View Replies]

To: scripter
Thanks for the ping. It took me awhile to write this because I fell out of my chair after reading the article.

i know, huh?!! :)

92 posted on 02/14/2014 7:04:04 AM 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...)
[ Post Reply | Private Reply | To 85 | View Replies]

To: Mr Rogers

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.


93 posted on 02/14/2014 7:48:16 AM PST by zeugma (Is it evil of me to teach my bird to say "here kitty, kitty"?)
[ Post Reply | Private Reply | To 43 | View Replies]

To: 2ndDivisionVet

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.


94 posted on 02/14/2014 7:57:55 AM PST by DBrow
[ Post Reply | Private Reply | To 1 | View Replies]

To: RKBA Democrat

It was remanded back to the District Court. Pretty sure they are going to try to stall or appeal.


95 posted on 02/14/2014 9:46:14 AM PST by ClayinVA ("Those who don't remember history are doomed to repeat it")
[ Post Reply | Private Reply | To 79 | View Replies]

To: rktman
The 9th circus made this ruling? Something in the drinking water?

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.

96 posted on 02/14/2014 10:45:36 AM PST by JimRed (Excise the cancer before it kills us; feed & water the Tree of Liberty! TERM LIMITS NOW & FOREVER!)
[ Post Reply | Private Reply | To 3 | View Replies]

To: Joan Kerrey

“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.”

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.


97 posted on 02/14/2014 10:59:11 AM PST by vette6387
[ Post Reply | Private Reply | To 38 | View Replies]

To: Pox

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.


98 posted on 02/14/2014 2:30:27 PM PST by Kevmo ("A person's a person, no matter how small" ~Horton Hears a Who)
[ Post Reply | Private Reply | To 84 | View Replies]

To: ClayinVA

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.


99 posted on 02/14/2014 2:34:34 PM PST by RKBA Democrat (Having some small say in who gets to hold the whip doesn't make you any less a slave.)
[ Post Reply | Private Reply | To 95 | View Replies]

To: 2ndDivisionVet

Bttt


100 posted on 02/14/2014 2:44:06 PM PST by novemberslady
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-5051-100101-109 next last

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.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson