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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?
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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