NJGF 375 Posted July 24, 2018 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." 2 Quote Share this post Link to post Share on other sites
Old Glock guy 1,127 Posted July 24, 2018 Holy crap, the uber-left Ninth Circuit amazes all of us once again! That's the second time within a week. Quote Share this post Link to post Share on other sites
TR20 47 Posted July 24, 2018 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. Quote Share this post Link to post Share on other sites
NJGF 375 Posted July 24, 2018 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. Quote Share this post Link to post Share on other sites
voyager9 3,434 Posted July 24, 2018 This is Peruta part duex. The State will request en banc and they’ll overturn this 3-judge panel ruling. 1 Quote Share this post Link to post Share on other sites
Zeke 5,504 Posted July 24, 2018 11 minutes ago, voyager9 said: This is Peruta part duex. The State will request en banc and they’ll overturn this 3-judge panel ruling. Idk.. I think the 9th finally got the memo 1 Quote Share this post Link to post Share on other sites
PeteF 1,044 Posted July 25, 2018 Maybe Climate change is real. Hell Seems to have Frozen over. 6 Quote Share this post Link to post Share on other sites
Downtownv 1,774 Posted July 25, 2018 THIS! Could Change everything! 3 eyed monster.bmp Quote Share this post Link to post Share on other sites
voyager9 3,434 Posted July 25, 2018 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. Quote Share this post Link to post Share on other sites
myhatinthering 462 Posted July 25, 2018 I think in part, this has to do with SCOTUS as no court likes their rulings overturned Quote Share this post Link to post Share on other sites
WP22 1,558 Posted July 25, 2018 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 Quote Share this post Link to post Share on other sites
capt14k 2,052 Posted July 25, 2018 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 3 Quote Share this post Link to post Share on other sites
NJGF 375 Posted July 25, 2018 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. 1 Quote Share this post Link to post Share on other sites
CAL. .30 M1 2,101 Posted July 25, 2018 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 2 Quote Share this post Link to post Share on other sites
maintenanceguy 510 Posted July 25, 2018 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. 2 Quote Share this post Link to post Share on other sites
CAL. .30 M1 2,101 Posted July 25, 2018 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. 1 Quote Share this post Link to post Share on other sites
Darrenf 422 Posted July 25, 2018 Watch the lawyer for the state get his butt handed to him. Enjoy.....Sent from my iPhone using Tapatalk Pro 6 Quote Share this post Link to post Share on other sites
BobA 1,235 Posted July 25, 2018 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. 1 Quote Share this post Link to post Share on other sites
CAL. .30 M1 2,101 Posted July 25, 2018 11 minutes ago, BobA said: I think this guy is great. Bloomberg or Murphy should hire him as his head Anti lawyer. We need more like him. Their thought process is all like him Quote Share this post Link to post Share on other sites
siderman 1,137 Posted July 25, 2018 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. 3 Quote Share this post Link to post Share on other sites
Handyman 5,682 Posted July 25, 2018 Watching that lawyer get examined reminded me of something: My favorite line: Judge: "There's a real problem here." Lawyer: "I suppose so." 2 Quote Share this post Link to post Share on other sites
Silence Dogood 468 Posted July 25, 2018 4 hours ago, Darrenf said: Watch the lawyer for the state get his butt handed to him. Enjoy..... Sent from my iPhone using Tapatalk Pro Here's to New Jersey one day having it's ass handed to it like that and having a big damn party! 3 Quote Share this post Link to post Share on other sites
Zeke 5,504 Posted July 25, 2018 HI has to way out an appeal for en banc, which would lead to an appeal to a new Scotus. DC strategy sounds familiar here. Quote Share this post Link to post Share on other sites
CAL. .30 M1 2,101 Posted July 25, 2018 Lawsuits dont work they said, it's a waste of time they said. Let's see it all play out 4 Quote Share this post Link to post Share on other sites
GunsnFreedom 245 Posted July 25, 2018 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. 1 Quote Share this post Link to post Share on other sites
Zeke 5,504 Posted July 25, 2018 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. 2 Quote Share this post Link to post Share on other sites
Matthew Lutz 56 Posted July 25, 2018 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. 3 Quote Share this post Link to post Share on other sites
GunsnFreedom 245 Posted July 25, 2018 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. 1 Quote Share this post Link to post Share on other sites
myhatinthering 462 Posted July 25, 2018 Ill take open carry 1 Quote Share this post Link to post Share on other sites
GunsnFreedom 245 Posted July 25, 2018 Unrelated, and previously discussed, there is no law in NJ against open carry of a rifle or shotgun. Although I wouldn't do it personally. 1 Quote Share this post Link to post Share on other sites