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9th Circuit Rules That There Is No Right to Carry a Weapon
Ace of Spades ^ | 3/24/2021 | Ace

Posted on 03/24/2021 3:24:57 PM PDT by Mount Athos

If this is accepted for review by the Supreme Court -- and the Supreme Court has shown itself to be extraordinarily cowardly in ducking ruling on big-ticket items -- we will find out if we really have a "conservative" court, or if the lawyers recommended by the Professional Class Karens of the Federalist Society are just from the Corporate Wing of the Uniparty.

I suspect the latter.

--- The 9th Circuit Court of Appeals upheld a Hawaii gun regulation, ruling Wednesday that states can restrict the right to openly carry a firearm in public. The 7-4 decision said restrictions on carrying guns in public do not fall within the scope of what is protected by the Second Amendment.

...

"We have never assumed that individuals have an unfettered right to carry weapons in public spaces," the majority ruled. "Indeed, we can find no general right to carry arms into the public square for self defense."

"The en banc court held that the Second Amendment does not guarantee an unfettered, general right to openly carry arms in public for individual self-defense. Accordingly, Hawaii�s firearms-carry scheme is lawful."

The case was brought by George Young, who applied for a license twice in 2011 to carry a gun in public either openly or concealed and was denied both times because he didn't prove the "urgency or the need" to openly carry a firearm in public, the decision said. Instead, Young relied on his "general desire to carry a firearm for self-defense."

Under Hawaii's law, residents have to show the "urgency or the need" to carry a firearm in public and must be of good moral character and "engaged in the protection of life and property."

...

Judge Diarmuid F. O'Scannlain authored Wednesday�s dissent, calling the ruling "extreme."

"The Second Amendment to the United States Constitution guarantees 'the right of the people to keep and bear Arms'. Today, a majority of our court has decided that the Second Amendment does not mean what it says," the minority dissented. "Instead, the majority holds that while the Second Amendment may guarantee the right to keep a firearm for self-defense within one�s home, it provides no right whatsoever to bear-i.e., to carry -- that same firearm for self-defense in any other place."

"We now become the first and only court of appeals to hold that public carry falls entirely outside the scope of the Amendment�s protections," O'Scannlain continued. "In so holding, the majority reduces the right to 'bear Arms' to a mere inkblot."


TOPICS: Government; Politics
KEYWORDS: banglist; righttobeararms; rkba
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To: Mount Athos
"We have never assumed that individuals have an unfettered right to carry weapons in public spaces," the majority ruled. "Indeed, we can find no general right to carry arms into the public square for self defense."

This guy... I guess a lawyer, ... What a dufus. The constitution of the United States clearly states what the Federal government CAN do. Regulating the cart of firearms in public is therefor a States issue. Who would want to drink with this see you next Tuesday creep.

41 posted on 03/24/2021 4:52:02 PM PDT by SandwicheGuy
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To: Mount Athos
...the Supreme Court has shown itself to be extraordinarily cowardly in ducking ruling on big-ticket items

reads funny...maybe "in" should be "by".

Interesting that back in the day, open carry ultimately became restricted by local or state ordinances...
An example...in 1871, the Texas legislature banned carrying handguns outside the home until 1995..did the Feds intervene ?

Today...it seems McDonald should have taken care of this issue in the first place.
42 posted on 03/24/2021 5:00:47 PM PDT by stylin19a (Golf is a game invented by the same people who think music comes out of a bagpipe.)
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To: Mount Athos

The lawless supreme court does not care about the constitution.
They will not rule against the ninth on this issue.


43 posted on 03/24/2021 5:01:52 PM PDT by Revel
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To: SandwicheGuy
The constitution of the United States clearly states what the Federal government CAN do. Regulating the cart of firearms in public is therefor a States issue. Who would want to drink with this see you next Tuesday creep.

There is no federal regulation of firearms at issue in this case. This case is about whether a Hawaii state law violates the federal Constitution.

44 posted on 03/24/2021 5:22:24 PM PDT by The Pack Knight
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To: The Pack Knight

Thank you for the clarification.


45 posted on 03/24/2021 5:27:46 PM PDT by SandwicheGuy
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To: Mount Athos
That’s fine. The circuit split with the 7th tees this up pretty well for SCOTUS. This is probably the easiest gun control case for SCOTUS to take: the 9th Circuit’s reasoning runs headlong into Heller’s repeated, explicit holding that the 2nd Amendment’s “bear” language protects the individual right to “carry” a handgun for self-defense. Plus, Heller twice cites and discusses, approvingly, a Georgia case explicitly holding a right to open carry.
46 posted on 03/24/2021 5:30:51 PM PDT by The Pack Knight
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To: jocon307

You say that it is obvious we have the right to defend ourselves, but that is not as obvious as you and I think it is. Laws and judicial decisions indicating a requirement to retreat when someone’s trying to kill you would say that it is not so obvious we have a right to defend ourselves.


47 posted on 03/24/2021 5:59:17 PM PDT by ChildOfThe60s (If you can remember the 60s.....you weren't really there..)
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To: Mount Athos

from my cold dead hands


48 posted on 03/24/2021 6:04:28 PM PDT by sasquatch
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To: ChildOfThe60s

I get all that, but it is incorrect. You cannot be ascribed a duty to retreat. You can be, perhaps, in order to have a society, tasked with making only a reasonable, proportionate response, but that’s it.


49 posted on 03/24/2021 6:29:31 PM PDT by jocon307 (Dem party delenda est!)
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To: Mount Athos

PFFFTTTT..... just more kabuki as well as distraction from what’s really going on. Squirrel......


50 posted on 03/24/2021 9:21:33 PM PDT by LastDayz (A blunt and brazen Texan. I will not be assimilated.)
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To: Ruy Dias de Bivar

good stuff- almost liek they knew what they were talking about lol- smart dudes back then- I have a ton of founding father’s gun quotes in my profile page if you are interested- some really good stuff there too


51 posted on 03/24/2021 10:21:39 PM PDT by Bob434
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To: Carl Vehse

[[Next, the 9th Circus Court will rule that there is no right to have bullets in a firearm.]]

They will argue that nowhere in the constittution does it say we have the right to own ammo


52 posted on 03/24/2021 10:23:25 PM PDT by Bob434
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To: Mount Athos

9th is by far the most overturned court of appeals.
Worthless bunch of libertards


53 posted on 03/25/2021 2:15:40 AM PDT by Joe Boucher (Molon Labe')
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