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With Judges Like These, Our Second Amendment Rights Will Continue To Erode
Forbes ^ | June 13, 2016 | George Leef

Posted on 06/14/2016 6:52:23 AM PDT by reaganaut1

If you aren’t sure whether it matters who replaces the late Antonin Scalia on the Supreme Court, think about a case just decided by the Ninth Circuit Court of Appeals, Peruta v. County of San Diego.

Peruta is a Second Amendment case involving the right of citizens to legally carry concealed weapons and the upshot of the court’s ruling is that Californians can be denied concealed carry permits upon the whims of local government authorities. Moreover, while the Ninth Circuit majority acknowledges the Supreme Court’s crucial holding in District of Columbia v. Heller (one of Justice Scalia’s most forceful opinions) that the Second Amendment prevents such officials from negating the rights of individuals to possess firearms, it managed to pull the rug right out from underneath that decision.

Briefly, the facts in Peruta are as follows.

California law prevents nearly all people from carrying concealed firearms, with only a very few exceptions. The plaintiffs sued when the sheriff of San Diego County turned down their requests for concealed carry permits. State law declares that individuals seeking such permits must show “good cause” why they should be given concealed carry permits and in the view of the sheriff, you haven’t shown “good cause” unless you can prove that you’re under some specific threat. The general level of crime in society isn’t a sufficient reason.

In the trial court, the judge analyzed the case as you’d probably expect – that the Second Amendment right to keep and bear arms must be balanced against the public interest in reducing the risk of violence. In that “balancing,” the plaintiffs’ Second Amendment rights never had a chance. The law was upheld.

(Excerpt) Read more at forbes.com ...


TOPICS: Editorial; Government; News/Current Events; US: California
KEYWORDS: 2ndamendment; banglist; guncontrol; peruta

1 posted on 06/14/2016 6:52:23 AM PDT by reaganaut1
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To: reaganaut1

When I entered the military, many years ago, I took an Oath to uphold the Constitution, not to uphold any bench legislating judge. The judge, I’m sure, took a similar oath, but it. Appears he wants to violate it. I kept my oath. Now, who’s the criminal here?


2 posted on 06/14/2016 6:58:34 AM PDT by FrankR (You're only enslaved to the extent of the charity that you receive!)
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To: reaganaut1

Then maybe we need a New Law:

No Person’s employment or public status shall be a factor in any decision regarding the carrying of weapons


3 posted on 06/14/2016 7:01:27 AM PDT by eyeamok (destruction of government records.)
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To: reaganaut1

Restrictions on concealed carry make only criminals safer n

Or is that the idea?


4 posted on 06/14/2016 7:02:28 AM PDT by BenLurkin (The above is not a statement of fact. It is either satire or opinion. Or both.)
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To: reaganaut1

This is why this year’s election is so very important.


5 posted on 06/14/2016 7:08:39 AM PDT by Biggirl ("One Lord, one faith, one baptism" - Ephesians 4:5)
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To: reaganaut1

The left and ISIS have mutual goals, taking away our freedoms.

We will see them working together more often.


6 posted on 06/14/2016 7:12:12 AM PDT by School of Rational Thought
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To: reaganaut1

In much of CA, you cannot CCW or OC.


7 posted on 06/14/2016 7:12:31 AM PDT by umgud (ban muslims, not guns)
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To: reaganaut1

That is the goal of black-robed tyrants. Ending our freedoms while lining their pockets and thwarting our Constitution. The old press calls these criminals activists.
I say somewhere a platform is waiting.


8 posted on 06/14/2016 7:32:55 AM PDT by Neoliberalnot (Marxism works well only with the uneducated and the unarme)
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To: Neoliberalnot

Don’t know how anyone can live in KA.


9 posted on 06/14/2016 8:07:14 AM PDT by bicyclerepair (Ft. Lauderdale FL (zombie land). TERM LIMITS ... TERM LIMITS)
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To: reaganaut1

TREASON - continuous, in-your-face, agenda-driven, agency-abetted, representative-enabled, media-complicit, court-sanctioned, ongoing...


10 posted on 06/14/2016 8:07:45 AM PDT by PGalt
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To: reaganaut1
Got a great email from our local Gun rights organization in Oregon. The letter is a comment on this decision. He takes all the amendments and then at the end of each one, adds'"only in your home."

The gist is once you leave the sanctity of your home, then you have no rights. If it is appropriate for the 2nd amendment limiting your use of guns to only defend your home why wouldn't it be applied to all other rights?

11 posted on 06/14/2016 8:08:48 AM PDT by thirst4truth (America, What difference does it make?)
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To: bicyclerepair

What is KA? Term limits for black-robes too.


12 posted on 06/14/2016 8:11:11 AM PDT by Neoliberalnot (Marxism works well only with the uneducated and the unarme)
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To: reaganaut1

Are California permits good statewide? Do residents have to get a permit in the county they live in? Can a disparity in permit issuances from county to county be legal?


13 posted on 06/14/2016 9:05:35 AM PDT by VanShuyten ("a shadow...draped nobly in the folds of a gorgeous eloquence.")
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To: VanShuyten

A CCW in CA. means being able to have an UNLOADED, LOCKED firearm in the TRUNK of your car, what the HELL good does that do you???


14 posted on 06/14/2016 9:08:55 AM PDT by Kit cat (Yosemite Sam raising hell)
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To: reaganaut1

The Ninth Circus is a joke.


15 posted on 06/14/2016 10:20:55 AM PDT by Jack Hammer
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To: reaganaut1

This kind of insanity will ensure many more “Orlandos” and “San Bernadinos” and “Bostons!”

The question has to be asked: “Who is harmed if someone carrys and does not need to use his/her weapon?”

The next question is: “If someone who ordinarily would carry, but DOES NOT carry (i.e., a law-abiding citizen obeying a REALLY, REALLY STUPID “gun FRee zone” rule), and a “Live Shooter Scenario” plays out in said “Gun FRee zone,” who is harmed?”

We know that answer don’t we? Can you say 102 people?

NEVER! EVER! LEAVE. YOUR. HOUSE. UNARMED!


16 posted on 06/14/2016 10:40:20 AM PDT by Taxman ((H. L. Mencken correctly observed: Government is actually the worst failure of civilized man.))
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To: eyeamok

These are God given rights. No tyrant in a Black robe can supersede what God has bestowed. They can burn in hell.


17 posted on 06/14/2016 11:20:41 AM PDT by Neoliberalnot (Marxism works well only with the uneducated and the unarme)
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