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9th Circus of Appeals Actually Sides with Constitution


rollo
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http://thefederalist.com/2018/07/24/liberal-ninth-circuit-says-open-carrying-gun-constitutional-right/

 

I fully expect the decision to be overturned En Banc. As to whether or not it makes it to the SCOTUS, they have punted on every 2nd Amendment case since Heller thus far. So I am not holding my breath. Still a long way to go here. 

Edited by rollo
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lmao I was typing up a post while you posted this, so I'll post it here. 

What makes the case even more surprising is the fact that no gun rights group influenced the outcome. The NRA, GOA, SAF, and all the others had no role in it. A pro bono lawyer, a Vietnam vet, and the Constitution convinced the court. They found (emphasis added): 

Quote

The panel acknowledged that while the concealed carry of firearms categorically falls outside Second Amendment protection, see Peruta v. County of San Diego, it was satisfied that the Second Amendment encompasses a right to carry a firearm openly in public for self-defense. Analyzing the text of the Second Amendment and reviewing the relevant history, including founding-era treatises and nineteenth century case law, the panel stated that it was unpersuaded by the County’s and the State’s argument that the Second Amendment only has force within the home. The panel stated that once identified as an individual right focused on self-defense, the right to bear arms must guarantee some right to self-defense in public.

In addition, they stated (emphasis added): 

Quote

We are not the first circuit to grapple with how far, and to what extent, the Second Amendment applies outside the home. Two circuits, looking closely at the text and history of the Amendment, have held that the Second Amendment indeed protects a general right to carry firearms in public for self-defense. See Wrenn v. District of Columbia, Moore v. Madigan.

I should also note that court documents show that no carry permits were issued in all of 2016 or 2017 in Hawaii. That's a de facto carry ban if you ask me. Even New Jersey, Illinois, California, and New York City (who has their own permits for some reason) issued at least one permit in those years. 

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I'm concerned that they seemingly made a distinction between open carry & concealed carry.  I'm also concerned that they made this ruling half heatedly, knowing that the full court would be likely to overturn it. Especially since emphasizing Open Carry opens the Pandora's box of people carrying rifles and shotguns at the mall (for example). Certainly, the full court could look at that and use it as reason to reject the ruling. 

Edited by rollo
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Just now, rollo said:

I'm concerned that they seemingly made a distinction between open carry & concealed carry.  I'm also concerned that they made this ruling half heatedly, knowing that the full court would be likely to overturn it. 

I've always seen open carry as the gay parades of the gun world. It's just a way to be publicly annoying and seen. I don't want an open carry ban, but I'd prioritize CC reciprocity over OC laws. I think they knew the entire 9th would overturn it, so they were just being lazy. Still, it provides a golden opportunity to go after Peruta vs San Diego if they shoot it down. Hopefully with Kavanaugh, SCOTUS picks up the case even though Kavanaugh's record on the 2nd hasn't been stellar. Who knows, though. Feinstein after Vegas said no law would have prevented the shooting (then proceeded to propose an extremely vague law that could be interpreted to ban a vast amount of guns)

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