Posted on 07/24/2018 11:31:54 AM PDT by rexthecat
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.
(Excerpt) Read more at nationalreview.com ...
Keep and bear arms doesn’t mean roll your sleeves up.
So now I can strap on my Colt and walk over to the 7-11. Very nice.
It is worth noting that this decision was made by a three-judge Ninth Circuit panel. The Ninth Circuit as a whole can reverse it. And I bet they will.
Until then, does this mean that anywhere in the Ninth Circuit, including California, I could open carry my handgun, presuming it is legal in California?
I’m stunned.
Yes but the “Disturbing the Peace” charge still applies.
“It is worth noting that this decision was made by a three-judge Ninth Circuit panel. The Ninth Circuit as a whole can reverse it. And I bet they will.”
Perhaps, but in the meantime, I wonder what it actually means insofar as residents openly carrying, which is currently against CA state law. All of this means though, that we need to get Kavanaugh on the SCOTUS quickly, so that this issue can be addressed by a fully seated SCOTUS.
The CA Prop 63 injunction they just upheld, also has major issues in that not only has the magazine ban been, perhaps only temporarily, been ruled unconstitutional. But since the proposition does’nt have a “severability clause,” if the mag issue is resolved in the favor of the plaintiffs, the whole Proposition will also be null and void.
SCOTUS already has ruled on this in U.S. vs. Heller. The assenting Justices completely ripped Justice Stephens apart for his zany interpretations and laid to rest any doubt (to a sane mind anyway). Any lower court attempting to circumvent their ruling should be considered rogue and censured by SCOTUS.
It will be interesting to see how these two results can be reconciled.
Please pass the popcorn, especially after Trump appoints more conservative judges and the Senate confirms their appointment.
The 9th Circuit got something correct?
How long have I been asleep?
Wait! What........?
The NINTH Circuit?
You've been sleeping?
Taking lessons from Sessions?
:)
an infringement on our constitutional rights that EVEN THE COMMIE PINKOS couldn’t figure out how to uphold, HA!
good for them!
Not really.
This is, as I understand it, the same judge who ruled for Peruta, and then was overturned en banc.
I expect this to be overturned en banc.
And then I expect to see it appealed to SCOTUS.
What I expect, out of a Kavanaugh SCOTUS is a ruling that you can forbid open carry, or you can forbid concealed carry, but you can’t forbid both.
And that if you require permits, you must issue absent specific disqualifying conditions. Standard must be objective and reasonable. Arbitrary discretion violates the 2nd.
lol
> does this mean that anywhere in the Ninth Circuit, including California, I could open carry my handgun, presuming it is legal in California? <
It would seem to me that, based on this ruling, open-carry is now legal everywhere in the Ninth Circuit. But common sense is rarely useful when trying to figure out US law. And who knows, even as I type this some higher judge might be issuing a stay of the ruling.
It would be nice if a lawyer Freeper would opine on this. But anyway, I sure wouldn’t want to test out this ruling...not just yet.
The right to bear arms openly shall not be infringed.
They must be feeling the heat that the 9th Circuit is potentially going to be broken up into a couple of Circuits dilute their left wing, reversible nonsense.
Nice.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.