OMG. 9th Court finds right to carry outside the home.

[Goosebrown]

The world is upside down!

U.S. Appeals Court: Constitution Gives Right To Carry Gun In Public | HuffPost

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[Argonaut]

interesting development, 9th circuit apeals Court affirms right to open carry is within the 2nd amendment.

 

[66PonyCar]

Here's a link to an article by Reuters.

U.S. appeals court upholds right to carry gun in public

This was a three judge panel, I suspect it will be appealed to a larger en banc panel of the 9th Circuit and then it will be reversed.

 

[Goosebrown]

Here's a link to an article by Reuters.

U.S. appeals court upholds right to carry gun in public

This was a three judge panel, I suspect it will be appealed to a larger en banc panel of the 9th Circuit and then it will be reversed.

But that puts it on a fast track to the new improved Supreme Court.

 

[66PonyCar]

Almost improved Supreme Court. Hopefully Kavanaugh will be confirmed soon.

Maybe Ginsburg will retire!

 

[Joe Link]

U.S. appeals court upholds right to carry gun in public

 

[bolus]

the guy started this case years ago (6 or 7 I think) and represented himself at first because none of the pro-gun organizations wanted to help him. He has an attorney now and takes donations to help his legal fees.

The brief is worth a read since they go into detailed case law back before even the US existed on firearms. 76 pages though.
http://cdn.ca9.uscourts.gov/datastore/opinions/2018/07/24/12-17808.pdf


quotes from the brief that was interesting:

from the dissenting judge:

"Under Hawaii's law, citizens may obtain a concealed carry permit if they can show reason to fear injury. They thus are not "entirely foreclosed" from obtaining a permit to bear arms in public for self-defense, as asserted in the majority opinion,"

Then the response

"Yet, to analyze section 134-9 as such, the dissent must shut its eyes to the inconvenient fact that no concealed carry license has ever been granted by the County. The dissent claims that we lack a factual basis to acknowledge that reality, but the dissent is clearly wrong. The County's attorney conceded at oral argument that no concealed carry license has ever been granted by the County."


b-slap

 

[Andy54Hawken]

I would have thought that the phrase : "The right of the people to keep and bear arms... " made that clear.
Anyways...nice to see some good gun news for a change.
Andy

 

[nammac]

Hmmm... Trump appoint any judges to the 9th Circuit? They seem to be ruling in favor or gun owners lately...

 

[Ura-Ki]

Hmmm... Trump appoint any judges to the 9th Circuit? They seem to be ruling in favor or gun owners lately...

Me says they see the writing on the bathroom stalls and don't want to get overturned by SCOTUS yet again! Don't they hold the dubious record for having the most Overturns of all the circus courts?

 

[American123]

I would have thought that the phrase : "The right of the people to keep and bear arms... " made that clear.
Anyways...nice to see some good gun news for a change.
Andy

Some people weren't educated very well and may have difficulty understanding what those words mean apparently.

Keep: (when not referring to a tower fortification of medieval times) to have, to possess

Bear: (when not referring to the omnivore) to wear, to make visible, to be adorned with.

 

[66PonyCar]

I think they don't care if they get overturned. Look at all the dubious rulings by judges on the travel ban which were overturned. Virtue signaling I think its called.

 

[Argonaut]

I think the chief of the 9th was run out with some sort of sex scandal, don't know if a new person has been confirmed.......but could have to do with the Trump for sure. It is another positive story in any event. Might mess with the current laws being proposed in Washington and Oregon.

 

[USAisTheBest]

Hmmm... Trump appoint any judges to the 9th Circuit? They seem to be ruling in favor or gun owners lately...

Only Bennet.

 

[nammac]

I think the chief of the 9th was run out with some sort of sex scandal, don't know if a new person has been confirmed.......but could have to do with the Trump for sure. It is another positive story in any event.

That's right, I do recall that story... Gave Trump an opening to seat a constitutionalist on the 9th, oh happy days!

 

[Ura-Ki]

Could it be the political winds blowing toward a Socialist Democratic party is too far side ways of left and the Court is finally pulling its head out of its Azz? IDK

 

[66PonyCar]

Judge Kozinski is his name and he was a 2nd amendment supporter. So no net change in the make up of the 9th Circuit when a replacement is found.

 

[USAisTheBest]

Judge Kozinski is his name and he was a 2nd amendment supporter. So no net change in the make up of the 9th Circuit when a replacement is found.

Bennet is the newest addition and definitely a pro 2A guy, id call that a major change in make up for further 2A rulings.

 

[66PonyCar]

So still a net wash until he appoints more judges. There are still 7 vacancies in the 9th Circuit to be filled.

 

[P7M13]

@bolus , are you going to start open carrying a S&W 500 ?