Just out -- 9th Circuit reaffirms that concealed carry of firearm IS NOT protected, 2nd Amendment right BUT CONFIRMS OPEN CARRY in public IS protected 2nd Amendment right!
This was the California based 9th! The ruling CLEARLY invalidates California's and other state's and many counties' prohibitions against open carry!
Read the Opinion: http://cdn.ca9.uscourts.gov/datastore/opinions/2018/07/24/12-17808.pdf
Here is a summary from excerpts:
Quote.....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.The panel held that because Hawaii law restricted plaintiff in exercising the right to carry a firearm openly, it burdened conduct protected by the Second Amendment....The panel stated that restricting open carry to those whose job entails protecting life or property necessarily restricts open carry to a small and insulated subset of law-abiding citizens. The panel reasoned that the typical, law-abiding citizen in the State of Hawaii was entirely foreclosed from exercising the core Second Amendment right to bear arms for self-defense. The panel concluded that Hawaii's limitation on the open carry of firearms to those "engaged in the protection of life and property" violated the core of the Second Amendment and was void under any level of scrutiny.Dissenting, Judge Clifton stated the.....We do not take lightly the problem of gun violence,which the State of Hawaii "has understandably sought to fight . . . with every legal tool at its disposal." .... We see nothing in our opinion that would prevent the State from regulating the right to bear arms, for the Second Amendment leaves the State "a variety of tools for combating [the problem of gun violence], including some measures regulating handguns." ... But, for better or for worse, the Second Amendment does protect a right to carry a firearm in public for self-defense.[/size]
Outstanding! Now the dissenting judge needs to be unemployed! Taking away the Constitutional rights of law abiding citizens to solve Hawaii's gun violence problems should be judicial misconduct. No more legislating from the bench!
Quote from: Grenadier on July 24 2018 04:25:36 PM MDT
Here is a summary from excerpts:
Quote We see nothing in our opinion that would prevent the State from regulating the right to bear arms, for the Second Amendment leaves the State "a variety of tools for combating [the problem of gun violence], including some measures regulating handguns." [/size]
So you have the right to open carry, but if the state wants to outlaw guns all together, we're open to that!!
This is huge.
It leaves states with a choice...Allow open carry without regulation, or adopt some type of "shall issue" ccw process.
The thing that gets me is the ninth is KNOWN as a super Libtard court. California LOVES their cases going there because they ALWAYS seem to have won them, there. But even this court found their law stupid.
Actually....
This was the only gun control move they really have.
The other option was to rule for Hawaii, and guarantee the case goes to a pro-2A Supreme Court that would probably have ruled far more broadly.
This was a 3 judge panel of the 9th circuit, 2 of which are republican appointed. The issue now goes to the full 9th circuit Court which is tremendously liberal. This ruling won't last long.
Quote from: Patriot on August 02 2018 11:15:49 AM MDT
This was a 3 judge panel of the 9th circuit, 2 of which are republican appointed. The issue now goes to the full 9th circuit Court which is tremendously liberal. This ruling won't last long.
Ahhh. Now this makes sense.
QuoteThe Young v. Hawaii defendants have 14 days from July 24, 2018, to file a petition for rehearing/rehearing en banc in the 9th circuit court of appeals (or a motion for an extension of time). Likewise, they have 90 days to file their cert petition with the Supreme Court.
There is more going on in the wings. There is a California case, an even better one for the right to carry open, that was filed before this one and is set to be heard in the very near future.
Here is a great article by the man who filed that California case. He is really up on things. The quote above came from that article.
I highly recommend you read it: https://newsblaze.com/business/legal/when-will-we-be-able-to-openly-carry-a-firearm-in-the-9th-circuit_135904/ (https://newsblaze.com/business/legal/when-will-we-be-able-to-openly-carry-a-firearm-in-the-9th-circuit_135904/)
I dislike open carry. However I do believe the Constitution is referring to open carry, as most dictionaries of the time defined "bear" as carrying something visible to another person.
Personally however, I don't like people knowing I am armed.
I too prefer to carry concealed. But when people can't get a concealed carry permit........
Hawaii did themselves in. They created a permit for both concealed and open carry. The criteria for approval of the concealed carry permit prohibits ordinary citizens from concealed carry. Approval of an open carry application, Hawaii claimed, allowed for ordinary citizens to get permits as long as they met certain criteria. However, since no ordinary citizen was ever able to satisfy those criteria Hawaii, if effect, also prohibits ordinary citizens from carrying open. Either the 2nd Amendment only applies to possessing a firearm within the home or Hawaii is denying citizens of their 2nd Amendment right. The court decided the latter. Had Hawaii approved even a small number of open carry applications the court might have decided differently. But Hawaii's complete and deliberate denial of individuals' constitutional right left even the liberal court with no recourse but to rule against Hawaii.
And wouldn't you know I have lived in the last two states to allow NO carry? Ilinois and Wisconsin. I tell you what, as soon as I moved to Alabama first thing I did was go to the local sheriff's office, plunk down $20, and twenty minutes later I had my carry permit still warm from the laminating machine. Was interesting that I was the only male there getting one, a whole gaggle of women were. Better watch yourselves in Mobile, gentlemen! ;)