Posted on 03/24/2021 1:44:38 PM PDT by PROCON
On Wednesday, an en banc panel of the US Court of Appeals for the 9th Circuit ruled that the second amendment right to keep and bear arms does not citizens include the right to carry a firearm, either openly or concealed, in public .
The court issued the ruling in the case of George Young Jr. V Hawaii, a lawsuit challenging a Hawaii firearm licensing law, which states residents seeking license to openly carry a firearm in public must demonstrate “the urgency or the need” to carry a firearm, must be of good moral character, and must be “engaged in the protection of life and property.” The court said, “There is no right to carry arms openly in public; nor is any such right within the scope of the Second Amendment.”
The majority opinion also states “we can find no general right to carry arms into the public square for self-defense.” The majority further argued that the second amendment applies to the “defense of hearth and home” and “the power of the government to regulate carrying arms in the public square does not infringe in any way on the right of an individual to defend his home or business.”
The majority ruled opinion covers Hawaii’s law regarding open carrying a firearm and the court further states, “We have previously held that individuals do not have a Second Amendment right to carry concealed weapons in public” meaning they believe no right to carry a firearm in any capacity in public exists.
Four judges dissented from the majority decision in two different dissenting opinions. In one of the dissenting opinions, three judges argued, “The majority’s suggestion that the values of federalism somehow preclude the Second Amendment from guaranteeing an individual right to carry arms for self-defense in the public square is fundamentally misguided” adding, “Hawaii’s severe deprivation of the core right to carry a firearm in public can only be understood as amounting to a total destruction of such right.”
Responding to the decision, the National Rifle Association tweeted, “BREAKING: The US Court of Appeals for the 9th Circuit just ruled that THERE IS NO RIGHT TO CARRY – either openly or concealed in public. This ruling impacts RTC laws in AK, HI, CA, AZ, OR, WA, & MT. This was not an NRA case but we are exploring all options to rectify this.”
The appeals court’s en banc decision could be appealed to the U.S. Supreme Court, though the Supreme Court has not heard a second amendment case in more than ten years. In April of 2020, the Supreme Court declined to hear a case regarding a rescinded New York City rule that prohibited residents from transporting firearms to shooting ranges, competitions and even their secondary residences outside of the city.
I guess you didn’t look in the penumbra where it clearly says “except in public.”
Unbelievable idiots. This would reduce your right to self-defense to your own home.
It all depends what the word “carry” means.
I would go broader.
Keep, like keep livestock.
Feed, reproduce, acquire, trade, care for, etc. . . . firearms.
“NCLA filed an amicus brief in the U.S. Court of Appeals for the Ninth Circuit in George K. Young, Jr. v. State of Hawaii, et al. in support of Mr. Young. NCLA’s brief dissuades the full court from deferring to state administrators’ factual speculations and to their interpretations of the U.S. Constitution or of state statutes and regulations. It also warns of constitutional problems that would come with granting deference to state administrators’ statements of law and of fact. The en bancCourt should, like the panel majority, empower trial courts and juries to perform traditional factfinding functions, and it should interpret statutory text using all available traditional tools of construction.”
https://nclalegal.org/george-k-young-jr-v-state-of-hawaii-et-al/
A court which attempts to invalidate the Constitution invalidates itself.
The Courts in the 1800s felt different.
Dred Scott...
“It would give to persons of the negro race, who were recognised as citizens in any one State of the Union, the right to enter every other State whenever they pleased, singly or in companies, without pass or passport, and without obstruction, to sojourn there as long as they pleased, to go where they pleased at every hour of the day or night without molestation, unless they committed some violation of law for which a white man would be punished;
and it would give them the full liberty of speech in public and in private upon all subjects upon which its own citizens might speak; to hold public meetings upon political affairs,
and to KEEP AND CARRY ARMS wherever they went.”
Paragraph 77 in the link below.
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0060_0393_ZO.html
You really need to read the 1982 Senate report on the 2nd Amendment. I have a paper copy.
https://guncite.com/journals/senrpt/senrpt.html
“The conclusion is thus inescapable that the history, concept, and wording of the second amendment to the Constitution of the United States, as well as its interpretation by every major commentator and court in the first half-century after its ratification, indicates that what is protected is an individual right of a private citizen to own and carry firearms in a peaceful manner.”
19th century cases
16. * Wilson v. State, 33 Ark. 557, at 560, 34 Am. Rep. 52, at 54 (1878).
“If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the (p.17)penitentiary and gallows, and not by a general deprivation of constitutional privilege.”
17. * Jennings v. State, 5 Tex. Crim. App. 298, at 300-01 (1878).
“We believe that portion of the act which provides that, in case of conviction, the defendant shall forfeit to the county the weapon or weapons so found on or about his person is not within the scope of legislative authority. * * * One of his most sacred rights is that of having arms for his own defence and that of the State. This right is one of the surest safeguards of liberty and self-preservation.”
18. * Andrews v. State, 50 Tenn. 165, 8 Am. Rep. 8, at 17 (1871).
“The passage from Story (Joseph Story: Comments on the Constitution) shows clearly that this right was intended, as we have maintained in this opinion, and was guaranteed to and to be exercised and enjoyed by the citizen as such, and not by him as a soldier, or in defense solely of his political rights.”
19. * Nunn v. State, 1 Ga. (1 Kel.) 243, at 251 (1846).
“’The right of the people to bear arms shall not be infringed.’ The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, and not such merely as are used by the militia, shall not be infringed, curtailed, or broken in upon, in the smallest degree; and all this for the important end to be attained: the rearing up and qualifying a well-regulated militia, so vitally necessary to the security of a free State.”
So who filed on what side?
Amicus Curiae:
THE FIREARMS POLICY COALITION, INC.,
HAWAII RIFLE ASSOCIATION,
VIRGINIA CITIZENS DEFENSE LEAGUE,
THE MADISON SOCIETY, INC.,
CONSERVATIVE LEGAL DEFENSE AND EDUCATION FUND,
SAN DIEGO COUNTY GUN OWNERS POLITICAL ACTION COMMITTEE, EVERYTOWN FOR GUN SAFETY,
THE HELLER FOUNDATION,
SECOND AMENDMENT FOUNDATION, INC.,
GUN OWNERS FOUNDATION,
COUNTY OF MAUI,
GIFFORDS LAW CENTER TO PREVENT GUN VIOLENCE,
COUNTY OF KAUAI,
CITY AND COUNTY OF HONOLULU,
THE CALGUNS FOUNDATION,
HAWAII FIREARMS COALITION,
FIREARMS POLICY FOUNDATION,
STATE OF NEW JERSEY, CALIFORNIA, CONNECTICUT, DELAWARE, ILLINOIS, IOWA, MASSACHUSETTS, MARYLAND, OREGON, RHODE ISLAND, VIRGINIA, AND THE DISTRICT OF COLUMBIA,
RESTORING LIBERTY ACTION COMMITTEE and
GUN OWNERS OF AMERICA, INC.
Judge Ryan Nelson was the only new judge on this panel. It’s long been suspected that the “random panels” for the en banc panels of the 9th Circuit are not actually random, and the judges are selected to get the results that the Chief Judge wants.
The majority Panel was made up of these judges:
Sidney R. Thomas - Clinton
M. Margaret McKeown - Clinton
Kim McLane Wardlaw - Clinton
William A. Fletcher - Clinton
Richard R. Clifton - G.W. Bush
Jay S. Bybee - G.W. Bush
Michelle T. Friedland - Obama
The dissenting judges:
Consuelo M. Callahan - G.W. Bush
Sandra S. Ikuta - G.W. Bush
Ryan D. Nelson - Trump
Diarmuid F. O’Scannlain - Reagan
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.
*************************************************************
EXACTLY!! It says “KEEP and BEAR” shall not be infringed!
Only a LIBERAL could twist those words into something else. Their farcical “ruling” is a liberal fix to a non existent problem. If they want to pass a gun law that would help, pass one that says “Democrats” can’t own a firearm.
to be slapped down by supreme court in 3..2..1..
End game is the Earth’s population reduced to under one billion. And ASAP. These people seek the instant gratification of all their desires.
This was an eleven judge panel - one Reagan appointee, one Trump, and the rest a mix of mostly Clinton and Bush judges. One from Obama, as well.
Just a note to the Roberts bashers:
In 2008, with Roberts on the Supreme Court, the Supreme Ct. ruled for the first time that individual American citizens had the right to own firearms.
This was a 5-4 decision with Roberts providing the crucial vote. Up until the Heller decision the Supreme Court had never held that individual Americans had the right to own a gun, which was why local governments (like D.C.) were able to ban gun ownership.
At least give credit where due, Roberts made a huge difference on 2nd Amendment Rights.
This may be good news given the 9th Circuit’s rate of being overturned...
Was that before the 0bamaCommieCare payoff?
Someone please tell the courts we don’t give a shit what they say anymore.
Of course, I should add that the judges in the majority should be hanged.
Yep and if there ever were a time law abiding, gun owning Americans need to carry concealed or open it’s NOW. The invaders are coming through like crazy, passed through, put up in hotels, 3 squares a day, no court dates, no testing....never mind, if (when) we have another surge, small business owners will have to sacrifice again and probably lose their businesses when they shut things down again. It’s the “non profit” facilities that are in cahoots with the big money open borders mob making millions off taxpayers.....who or what can stop this madness?????
Interesting, 3 of the states have Constitutional Carry laws.
I’m not understanding where the en banc judges, who are supposed to be smart(I’m thinking), don’t know the meaning of “bear arms”. If I’m not mistaken that means you can have one on you, right?
From
Courts
to
Court Jesters
in the blink of a coup
Mitch can’t fix anything. All smoke and no fire.
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