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Posted on 07/24/2018 1:55:47 PM PDT by PROCON
(Reuters) - A federal appeals court ruled on Tuesday that the U.S. Constitution’s Second Amendment protects the right to openly carry a gun in public for self-defense, rejecting a claim by Hawaii officials that the right only applies to guns kept at home.
The ruling by a three-judge panel on the 9th U.S. Circuit Court of Appeals, makes the San Francisco-based court the sixth U.S. circuit court to interpret the Second Amendment this way and could set the issue on a path toward the U.S. Supreme Court, which has not taken up a major gun rights case since 2010.
The extent of the right to gun ownership is one of the most hotly contested debates in the United States, where mass shootings have become almost commonplace.
In a split two-to-three decision on Tuesday, the panel found Hawaii infringed on the rights of plaintiff George Young when it twice denied him a permit to carry a gun outside.
“We do not take lightly the problem of gun violence,” Judge Diarmuid O’Scannlain wrote in Tuesday’s ruling. “But, for better or for worse, the Second Amendment does protect a right to carry a firearm in public for self-defense.”
(Excerpt) Read more at reuters.com ...
This Ping List is for all things pertaining to the 2nd Amendment.
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I had not heard of the large capacity magazine being overturned.
LOL
Gonna be a lot of weeping in Leftistville.
It’s virtually impossible to get a handgun permit in Hawaii. It’s basically like Japan or Korea.
Only for those who don't understand or like: "Shall not be infringed."
Very cool. Thanks.
Limiting someone to a seven shot is not very realistic in today’s world, where gangs travel in groups, and are willing to exchange gunfire for periods of time.
Yes, but does that mean I can open carry my large capacity gun in California or Hawaii or any other state in the 9th circuit?
A key phrase, IMHO. This phrasing acknowledges that the right to self-defense exists prior to any protective action (such as the 2nd Amendment).
As opposed to "...the Second Amendment does grant a right...". This phrasing promotes the (ill-informed, prog) notion that the right to self-defense would not exist in the absence of the 2nd Amendment.
This is where it would be fantastic if a case went to the Supremos for the tyranny of the idiots who deny and infringe on permits. This is where 2A is essentially outlawed.
The countless Lefties around the nation will spend all their waking hours thinking of new ways to contravene this order.
I wish.
The Ninth Circuit only let stand the temporary injunction that bars enforcing the law while the case against the law is litigated. When the time comes I expect the Ninth Circuit to uphold the Constitutionality of the law.
Furthermore, the new law only adresses possession of magazines which have been legally owned since about 2000 and orders their surrender. Overturning this new law will not affect the millions of Californians who have been denied their right to obtain such magazines since the ban on sales, importation, and transfers went into effect.
Procon, do you know what the casename for the magazine ban was?
The Open Carry ruling can be found HERE. It's worth a read. Well written. Several outright slams on the lack of logic of the dissent.
Their tears taste so sweet.
I’ll have to admit, the very thought of their bodily fluids makes me wretch. LOL
I catch your drift, and do agree with your sentiments wholeheartedly.
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