fishweewee Posted July 24, 2018 Report Share Posted July 24, 2018 (edited) hory $heet. it's happening. http://wsau.com/news/articles/2018/jul/24/us-appeals-court-constitution-gives-right-to-carry-gun-in-public/ U.S. appeals court: Constitution gives right to carry gun in public Tuesday, July 24, 2018 10:53 a.m. CDT (Reuters) - A federal appeals court ruled on Tuesday that the U.S. Constitution's Second Amendment protects a 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 extent of the right to gun ownership protected by the Second Amendment is one of the most hotly contested debates in the United States, where life has been punctuated by a steady stream of mass shootings. The ruling issued by a three-judge panel on the 9th U.S. Circuit Court of Appeals, based in San Francisco, came a year after the U.S. Supreme Court declined to rule either way on the carrying of guns in public. Two of the three 9th Circuit judges voted to reverse a decision by the U.S. District Court in Hawaii that state officials did not infringe on the rights of George Young, the plaintiff, in twice denying 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." The decision did not change the court's earlier ruling that the Second Amendment does not guarantee a right to carry concealed firearms in public. Judge Richard Clifton dissented from the ruling, saying the Second Amendment does not preclude the sort of licensing rules used in Hawaii and elsewhere. In 2008, the U.S. Supreme Court ruled for the first time that the Second Amendment protects an individual right to keep guns at home for self-defense in District of Columbia v. Heller. The Second Amendment was adopted in 1789 and reads: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." (Reporting by Jonathan Allen in New York; editing by Jonathan Oatis) Edited July 24, 2018 by fishweewee Link to comment Share on other sites More sharing options...
Jay in the Bay Posted July 24, 2018 Report Share Posted July 24, 2018 Any chance that rulings like this, or a conservative majority in SCOTUS after Kavanaugh is confirmed, that NJ's fascist gun laws can be overturned? Link to comment Share on other sites More sharing options...
fishweewee Posted July 24, 2018 Author Report Share Posted July 24, 2018 4 mins ago, Jay in the Bay said: Any chance that rulings like this, or a conservative majority in SCOTUS after Kavanaugh is confirmed, that NJ's fascist gun laws can be overturned? oh yes Link to comment Share on other sites More sharing options...
fishweewee Posted July 24, 2018 Author Report Share Posted July 24, 2018 http://cdn.ca9.uscourts.gov/datastore/opinions/2018/07/24/12-17808.pdf I think the way this works, appeals rulings that occur in this circuit only apply to the states in this circuit. So, Cali and Hawaii, congrats! You got open carry. Link to comment Share on other sites More sharing options...
jolly mon Posted July 24, 2018 Report Share Posted July 24, 2018 It's a win for our side but the Fat Lady didn't sing yet, just cleared her throat , The Left with drag this out in Court for sometime , But it's looking good so far Link to comment Share on other sites More sharing options...
fishweewee Posted July 24, 2018 Author Report Share Posted July 24, 2018 This was a 3 judge panel. It will likely be overturned in an en banc hearing. On appeal it could go to SCOTUS. With a Kavanaugh on board. Link to comment Share on other sites More sharing options...
Mr. Bigdeal Posted July 24, 2018 Report Share Posted July 24, 2018 Well I'll be............. "Law enforcement’ is not something sovereign citizens seize from police officers. It is a societal function that citizens delegate to civil police. In so doing, we do not abdicate our own sovereignty, nor our duties as citizens. Ultimate responsibility is still ours. When those we hire as our “Protectors” are either unwilling or unable to perform that function at the critical moment, there is no law, nor standard, that says we cannot perform it for ourselves"........ John Farnam. "Gird Your Loins" Link to comment Share on other sites More sharing options...
Jetty Jumper Posted July 25, 2018 Report Share Posted July 25, 2018 8 hours ago, fishweewee said: http://cdn.ca9.uscourts.gov/datastore/opinions/2018/07/24/12-17808.pdf I think the way this works, appeals rulings that occur in this circuit only apply to the states in this circuit. So, Cali and Hawaii, congrats! You got open carry. I don't want to be the test case,this will have to percolate through the courts.I am hopeful,maybe Trump's appointments will rule on the Constitution instead of feelings. To Ride, Shoot Straight, and Speak the Truth. Jeff Cooper Link to comment Share on other sites More sharing options...
flyangler Posted July 25, 2018 Report Share Posted July 25, 2018 Holy sheet indeed. “No nation in history has survived once its borders were destroyed, once its citizenship was rendered no different from mere residence, and once its neighbors with impunity undermined its sovereignty.” - Victor Davis Hanson Link to comment Share on other sites More sharing options...
RJ Posted July 28, 2018 Report Share Posted July 28, 2018 The Second Amendment was adopted in 1789 and reads: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." The Court leaned heavily on the Words "bear arms" to strike down HI laws that said you have a right to protect your home with a firearm. Now HI and CA can carry a firearm to protect you and others in public. I'm liking that! Link to comment Share on other sites More sharing options...
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