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U.S. appeals court upholds right to carry gun in public

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U.S. appeals court upholds right to carry gun in public

https://www.reuters.com/article/us-usa-guns-court/u-s-appeals-court-constitution-gives-right-to-carry-gun-in-public-idUSKBN1KE28C?feedType=RSS&feedName=domesticNews&__twitter_impression=true&utm_medium=Social&utm_source=Twitter

"(Reuters) - A federal appeals court ruled on Tuesday that the U.S. Constitution’s Second Amendment protects the 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 ruling by a three-judge panel on the 9th U.S. Circuit Court of Appeals, makes the San Francisco-based court the sixth U.S. circuit court to interpret the Second Amendment this way and could set the issue on a path toward the U.S. Supreme Court, which has not taken up a major gun rights case since 2010."

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The 9th Circuit ruled in favor?  I better pinch myself.

Six Circuits have ruled in favor, what the hell does it take to have the Supremes settle the issue? Its clear there is a massive split in the country and the court system.   

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Once Kavanaugh is seated things might be looking up!

Not to be down but we have been here before. They will ask for the full court to hear the case and then reverse it. But still it feels good for now.

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2 hours ago, Zeke said:

Idk.. I think the 9th finally got the memo 

One can hope. But I don’t see how this is different from what was done for Peruta.  Panel rules in favor of 2A yet the en-banc overturns.  Now maybe by the time that happens we have a more favorable SCOTUS so they’ll take the case. 

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Wow this is huge. The reasoning more so than anything. Likely will be reversed by the full panel but could make it to SCOTUS. States could be forced to accept open carry. That would be great.

 

 

Sent from my iPad using Tapatalk

 

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6 hours ago, myhatinthering said:

I think in part, this has to do with SCOTUS as no court likes their rulings overturned

I'm not sure they care. The 9th has the distinction of getting overturned by SCOTUS more than any other court.

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11 hours ago, Zeke said:

Idk.. I think the 9th finally got the memo 

They are up to something.....

You do not perform 180dg turns like this without having something up your sleeve.

This is not jurispridence, this is all politics.

Do not be fooled thier end game is still total disarmament of the US citiznery

 

 

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16 minutes ago, USRifle30Cal said:

They are up to something.....

You do not perform 180dg turns like this without having something up your sleeve.

This is not jurispridence, this is all politics.

Do not be fooled thier end game is still total disarmament of the US citiznery

 

 

This was just 2 judges.  It's possible that there are two judges who actually consider the facts on the 9th circuit. 

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6 hours ago, WP22 said:

From our favorite boys at the volokh conspiracy

https://reason.com/volokh/2018/07/24/ninth-circuit-second-amendment-secures-r

The first article gives a synopsis of the decision and the second goes into the historical precedent of it.

https://reason.com/volokh/2018/07/24/ninth-circuit-upholds-right-to-licensed

I read with interest the second article and found this.....interesting language...

 

 

 Early American commentators interpretted common law limits on arms carrying as only applying to persons who carried "offensively" or in a "terrifying" manner or who carried "dangerous and unusual" weapons. 

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16 minutes ago, Darrenf said:

Watch the lawyer for the state get his butt handed to him. Enjoy.....
 

 

 


Sent from my iPhone using Tapatalk Pro

 

 

I think this guy is great. Bloomberg or Murphy should hire him as his head Anti lawyer. We need more like him. 

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Love it. Once inside the courtroom where they must tell the truth they got nothin!  "um um just because....um um thats how we feel......" lol. Outside they get to spew their lies and twisted facts all over the media.  Of course you need for the judges to ask the right questions and hope they arent on the Bloomburg train to begin with.

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It's a great ruling, but my concern here is that if that line of arguments occurred with NJ, NJ can say they have actually issued handgun carry licences.  A few private citizens likely have licences - which happen because they sue and the AG doesn't want to bring the case to a higher court - and there's a big difference between some and none.  None means there's a de facto ban.  If there's a hundred or so, with very few applications being submitted because we know they will be rejected, it may be considered reasonable to a panel of judges.

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1 minute ago, GunsnFreedom said:

It's a great ruling, but my concern here is that if that line of arguments occurred with NJ, NJ can say they have actually issued handgun carry licences.  A few private citizens likely have licences - which happen because they sue and the AG doesn't want to bring the case to a higher court - and there's a big difference between some and none.  None means there's a de facto ban.  If there's a hundred or so, with very few applications being submitted because we know they will be rejected, it may be considered reasonable to a panel of judges.

Dc did as well. Same scheme, same dirty laundry.

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25 minutes ago, GunsnFreedom said:

It's a great ruling, but my concern here is that if that line of arguments occurred with NJ, NJ can say they have actually issued handgun carry licences.  A few private citizens likely have licences - which happen because they sue and the AG doesn't want to bring the case to a higher court - and there's a big difference between some and none.  None means there's a de facto ban.  If there's a hundred or so, with very few applications being submitted because we know they will be rejected, it may be considered reasonable to a panel of judges.

It should be noted that this ruling establishes the right to OPEN CARRY a firearm, and says nothing of concealed carry. NJ does not allow open carry whatsoever, as far as I'm aware. Also, HI is a "may issue" state, just like NJ. I'm sure they have issued carry permits at some point in the past as well, just not many.

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17 minutes ago, Matthew Lutz said:

It should be noted that this ruling establishes the right to OPEN CARRY a firearm, and says nothing of concealed carry. NJ does not allow open carry whatsoever, as far as I'm aware. Also, HI is a "may issue" state, just like NJ. I'm sure they have issued carry permits at some point in the past as well, just not many.

There is no distinction in NJ between conceal and open, that's why I used the phrase "handgun carry licenses."

 

13:54-2.1 Permit to carry a handgun

This subchapter prescribes requirements and procedures for the issuance, renewal and revocation of permits to carry handguns.

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