Liberal Ninth Circuit Says Open-Carrying A Gun Is A Constitutional Right

SP33Demon

Lifer
Jun 22, 2001
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http://thefederalist.com/2018/07/24...-says-open-carrying-gun-constitutional-right/
Link to pdf of ruling: http://cdn.ca9.uscourts.gov/datastore/opinions/2018/07/24/12-17808.pdf

Another huge win for gun rights advocates and another huge blow for gun control (after the 3D printer DOJ ruling).

“We do not take lightly the problem of gun violence,” the majority opinion in Young v. Hawaii reads. Here’s more, emphasis added.

For better or for worse, the Second Amendment does protect a right to carry a firearm in public for self-defense. We would thus flout the Constitution if we were to hold that, ‘in regulating the manner of bearing arms, the authority of [the State] has no other limit than its own discretion.’ Reid, 1 Ala. at 616. While many respectable scholars and activists might find virtue in a firearms-carry regime that restricts the right to a privileged few, ‘the enshrinement of constitutional rights necessarily takes certain policy choices off the table.’

Now states will, in the least, either have to allow Open Carry or Conceal Carry but not prohibit both!

Charles Cooke, of National Review has more:
Unless the panel’s decision is reversed en banc, the two decisions will have to be reconciled. When that happens, it seems most likely either that (a) the court will strike down the open carry bans in Hawaii and California, or (b) the court will adopt the argument, presented by the plaintiffs in Peruta, that a state can choose to ban either open or concealed carry, but could not prohibit both. Watch this space.

Very cool when even the liberal 9th Circuit reaffirms 2A. How many of you will be open carrying your AR15s (with half printed parts) now? ;)
 
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Hayabusa Rider

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OK. Now with that said anyone who abuses the priviledge needs to lost that right and face the strongest possible criminal repercussions. No "well he skeered me so I shot him".
 

Bitek

Lifer
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Read that. Not the outcome I would have bet on, but their logic is sound.
 

Hayabusa Rider

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Read that. Not the outcome I would have bet on, but their logic is sound.

I think I'd rather have open carry if it came to that or everyone being CC. I don't have a fear reaction around weapons as long as they are properly handled and holstered, but bars? No, and no to places that wish to be gun free zones. Black guy has a gun on his hip and a cop shoots him? The cop should be tried for murder like anyone else and there's another argument for continuously operating cameras on cops with undeletable backup. Anyone who abuses their weapon in any way needs the harshest penalties, not "oh Jeb was just kidding", Jeb goes to prison. When rights are extended which have potentially fatal consequences the accountability and consequences for abuse ought to be proportional.
 

Thebobo

Lifer
Jun 19, 2006
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http://thefederalist.com/2018/07/24...-says-open-carrying-gun-constitutional-right/
Link to pdf of ruling: http://cdn.ca9.uscourts.gov/datastore/opinions/2018/07/24/12-17808.pdf

Another huge win for gun rights advocates and another huge blow for gun control (after the 3D printer DOJ ruling).



Now states will, in the least, either have to allow Open Carry or Conceal Carry but not prohibit both!



Very cool when even the liberal 9th Circuit reaffirms 2A. How many of you will be open carrying your AR15s (with half printed parts) now? ;)

Again I just want to say what an excellent job you are doing, good job.
 

DarthKyrie

Golden Member
Jul 11, 2016
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http://thefederalist.com/2018/07/24...-says-open-carrying-gun-constitutional-right/
Link to pdf of ruling: http://cdn.ca9.uscourts.gov/datastore/opinions/2018/07/24/12-17808.pdf

Another huge win for gun rights advocates and another huge blow for gun control (after the 3D printer DOJ ruling).



Now states will, in the least, either have to allow Open Carry or Conceal Carry but not prohibit both!



Very cool when even the liberal 9th Circuit reaffirms 2A. How many of you will be open carrying your AR15s (with half printed parts) now? ;)

So you are in support of scary colored people openly carrying guns? What should happen to cops that decide to shoot people that open carry only because they are scared?
 

Bitek

Lifer
Aug 2, 2001
10,647
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I think I'd rather have open carry if it came to that or everyone being CC. I don't have a fear reaction around weapons as long as they are properly handled and holstered, but bars? No, and no to places that wish to be gun free zones. Black guy has a gun on his hip and a cop shoots him? The cop should be tried for murder like anyone else and there's another argument for continuously operating cameras on cops with undeletable backup. Anyone who abuses their weapon in any way needs the harshest penalties, not "oh Jeb was just kidding", Jeb goes to prison. When rights are extended which have potentially fatal consequences the accountability and consequences for abuse ought to be proportional.

Once upon a time I did a stretch living in the third world on a volunteer mission.

Many men open carried rifles on their shoulders or pistols on their belts.

I can't say the feeling I got was "hey, I'm really glad everyone has guns, now I feel really safe! Truly a hallmark of civility."

More like "man, they (literally) don't have a pot to piss in, and everyone is armed trying to protect the scraps they have."

Not something I look forward to emulating here, but it sort of feels like the trajectory we are on.
 
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I've been so yearning for the wild west days.

Not even the wild west

s-l640.jpg
 

Hayabusa Rider

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Once upon a time I did a stretch living in the third world on a volunteer mission.

Many men open carried rifles on their shoulders or pistols on their belts.

I can't say the feeling I got was "hey, I'm really glad everyone has guns, now I feel really safe! Truly a hallmark of civility."

More like "man, they (literally) don't have a pot to piss in, and everyone is armed trying to protect the scraps they have."

Not something I look forward to emulating here, but it sort of feels like the trajectory we are on.

I lived where and when guns were just an item and they were treated with respect. It wasn't for humans but a hell of a lot of snakes and a lot of hunters. Weapons were normalized but not in the context of having to protect one's pot to piss in.

I'm pro-gun rights, but I am even more pro-responsibility. I believe everyone who chooses to carry have serious training on a regular basis and any abuse or irresponsible action result in a harsh penalty. Goofballs on Youtube might not qualify for jail, but fines can be a hell of a deterrent expecially when garnishing wages or payments is a first line remedy for scofflaws. I don't do "let's arm the 4 year olds"
 
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Blackjack200

Lifer
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PEE Demon: The intensive three-week kinder-guardian course introduces specially selected children from 12 to four years old to pistols, rifles, semi-automatics, and a rudimentary knowledge of mortars. In less than a month, less than a month, a first grader can become a first grenader.

Sacha Baron Cohen: Sir, I... haven't even asked you anything yet.
 
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Blackjack200

Lifer
May 28, 2007
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I believe everyone who chooses to carry have serious training on a regular basis and any abuse or irresponsible action result in a harsh penalty. Goofballs on Youtube might not qualify for jail, but fines can be a hell of a deterrent expecially when garnishing wages or payments is a first line remedy for scofflaws. I don't do "let's arm the 4 year olds"

This makes sense because the major problem with guns is not deliberate violence, but accidental violence.
 
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Bitek

Lifer
Aug 2, 2001
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I lived where and when guns were just an item and they were treated with respect. It wasn't for humans but a hell of a lot of snakes and a lot of hunters. Weapons were normalized but not in the context of having to protect one's pot to piss in.

I'm pro-gun rights, but I am even more pro-responsibility. I believe everyone who chooses to carry have serious training on a regular basis and any abuse or irresponsible action result in a harsh penalty. Goofballs on Youtube might not qualify for jail, but fines can be a hell of a deterrent expecially when garnishing wages or payments is a first line remedy for scofflaws. I don't do "let's arm the 4 year olds"

Where I was at was on a mission "to build the pots" as it was that poor.

I know those other types of people too. More common in rural areas and on large ranches/farms. It makes sense in the context you are in.

Waking around the mall or Walmart tho? Feels more like the former. You don't need to arm yourself to go to the store if you don't live in some impoverished, crime-ridden hell hole.
 
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Hayabusa Rider

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This makes sense because the major problem with guns is not deliberate violence, but accidental violence.

There is no excuse, at all, for anyone whether they be civilian or FBI agent doing backflips to act with less than a clear and present awareness of what may happen just like there is none for people who let their toddlers access weapons. I'd slap that sort of thing down so fast it would make people's heads spin.
 
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Blackjack200

Lifer
May 28, 2007
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There is no excuse, at all, for anyone whether they be civilian or FBI agent doing backflips to act with less than a clear and present awareness of what may happen just like there is none for people who let their toddlers access weapons. I'd slap that sort of thing down so fast it would make people's heads spin.

The gun control policy that does nothing to address mass shootings, school shootings, suicide, cop violence, etc., but also deprives us of hilarious accidental discharge videos on YouTube is the worst gun control policy.
 

cytg111

Lifer
Mar 17, 2008
23,221
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http://thefederalist.com/2018/07/24...-says-open-carrying-gun-constitutional-right/
Link to pdf of ruling: http://cdn.ca9.uscourts.gov/datastore/opinions/2018/07/24/12-17808.pdf

Another huge win for gun rights advocates and another huge blow for gun control (after the 3D printer DOJ ruling).



Now states will, in the least, either have to allow Open Carry or Conceal Carry but not prohibit both!



Very cool when even the liberal 9th Circuit reaffirms 2A. How many of you will be open carrying your AR15s (with half printed parts) now? ;)

Who needs a gun when you can blow your own brains out with a twitter account? :).
https://www.nytimes.com/2018/07/26/us/politics/trump-tweets-mueller-obstruction.html
 

SP33Demon

Lifer
Jun 22, 2001
27,929
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OK. Now with that said anyone who abuses the priviledge needs to lost that right and face the strongest possible criminal repercussions. No "well he skeered me so I shot him".
FL is about to get veeeeeeery interesting! Stand your ground vs Open Carry.
 

SP33Demon

Lifer
Jun 22, 2001
27,929
142
106
I think I'd rather have open carry if it came to that or everyone being CC. I don't have a fear reaction around weapons as long as they are properly handled and holstered, but bars? No, and no to places that wish to be gun free zones. Black guy has a gun on his hip and a cop shoots him? The cop should be tried for murder like anyone else and there's another argument for continuously operating cameras on cops with undeletable backup. Anyone who abuses their weapon in any way needs the harshest penalties, not "oh Jeb was just kidding", Jeb goes to prison. When rights are extended which have potentially fatal consequences the accountability and consequences for abuse ought to be proportional.
Well the instances you mentioned like bars are a private establishment and up to the owner. A person can open carry on the sidewalk/road outside of the bar. Same with the school.
 

SP33Demon

Lifer
Jun 22, 2001
27,929
142
106
PEE Demon: The intensive three-week kinder-guardian course introduces specially selected children from 12 to four years old to pistols, rifles, semi-automatics, and a rudimentary knowledge of mortars. In less than a month, less than a month, a first grader can become a first grenader.

Sacha Baron Cohen: Sir, I... haven't even asked you anything yet.
Lmao. 10/10 for creativity.
 

Hayabusa Rider

Admin Emeritus & Elite Member
Jan 26, 2000
50,879
4,265
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Where I was at was on a mission "to build the pots" as it was that poor.

I know those other types of people too. More common in rural areas and on large ranches/farms. It makes sense in the context you are in.

Waking around the mall or Walmart tho? Feels more like the former. You don't need to arm yourself to go to the store if you don't live in some impoverished, crime-ridden hell hole.

That's why I think people should be allowed to not have them on their premises.