Liberal 9th Circuit backs right to carry firearms in public

[DanTana]

For once a good ruling by the 9th Circuit Court.

The liberal Ninth Circuit Court of Appeals endorsed the right of individuals to carry firearms in public in a ruling Tuesday, striking down a lower court argument that the Constitution only protects that right at home.

Judge Diarmuid O’Scannlain wrote in his opinion that “for better or for worse, the Second Amendment does protect a right to carry a firearm in public for self-defense.”


In his dissent, Judge Richard Clifton said states have “long allowed for extensive regulations of and limitations on the public carry of firearms,” the order said.

"We are disappointed in the decision that would undermine Hawaii’s strong gun control law and our commitment to protect the public,” Hawaii Attorney General Russell Suzuki said in a statement. “But we note that Judge Clifton filed a well-reasoned dissent supporting the constitutionality of this law. We intend to consult with Hawai‘i County and work with them on further action."


It’s the second time this month that the three-judge panel issued a pro-Second Amendment decision, after backing a lower court’s decision last week to suspend California’s ban on the possession of large magazines.
The Second Amendment states: “A well-regulated militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”


Activists, supported by the National Rifle Association, have argued that the state's ban on ownership of magazines holding 10 bullets or more is unconstitutional. They won a preliminary injunction by a San Diego district court last year, and a three-judge panel on the Ninth Circuit backed that injunction last week.


Based in San Francisco, the Ninth Circuit has a reputation for being one of the nation's most liberal courts. Critics have branded the court the “Nutty 9th” or the “9th Circus,” in part because many of its rulings have been overturned by the U.S. Supreme Court. This includes an infamous 2002 ruling that the Pledge of Allegiance is unconstitutional because of its use of the phrase “under God.”

[Bobshouse]

I'm going out to open carry tonight!

[AIRret]

I'm going out to open carry tonight!

Outstanding!!!!

[BirdsThaWord]

I wonder what this will ultimately lead to in other states. I read this news in another article. They went on to state that the feds give states the power to restrict one type of carry (open or concealed), but that the states can not ban both. So...we can currently conceal carry (with a permit) in Floriduh. I wonder if we will be able to open carry as well? Me an a friend have talked about making a small vacation trip to Texas just so we can open carry for a while (feel a little more freedom).

[DavidR]

I wonder what this will ultimately lead to in other states. I read this news in another article. They went on to state that the feds give states the power to restrict one type of carry (open or concealed), but that the states can not ban both. So...we can currently conceal carry (with a permit) in Floriduh. I wonder if we will be able to open carry as well? Me an a friend have talked about making a small vacation trip to Texas just so we can open carry for a while (feel a little more freedom).

I live in Florida too. Started surfing the web looking at OWB holsters for my P9.

[Mike_usn_ret]

I live in Florida too. Started surfing the web looking at OWB holsters for my P9.

I would hold off on that purchase. Remember..... Florida use to be an open carry state till the Tourist Bureau got to Janet Reno when she was FL Attorney General. With all the Parkland, and the nightclub shooting in Orlando I think politicians here in FLorida are playing cover their 6 and not going to consider open carry for a while.

[gale155]

I was a cop for a total of 30 years, and high-end armed security for 10 following that. I'm in Missouri, where open carry has been legal for quite a few years, but personally I've only seen it twice (that I recall). Having said this, I don't think open carry is a good idea, and I have never done so out of uniform.

When I'm out in public with a lot of other people around, I don't want anyone to suspect that I'm carrying a gun. For this reason, I'm even careful about what I wear...no Glock or NRA t-shirts/caps for me, nor any other item of clothing that might signal that I'm armed. To do so, IMO, would be a signal to a bad guy to shoot me first. Open carry, of course, would remove any doubt that I'm armed, and would be an open invitation for that first bullet. If I ever find myself in a self-defense situation, I want every tactical advantage in my favor, and the element of surprise would be one such advantage.

Open carry is also an open invitation to any bad guy who might want to take your gun away from you. Unless you're carrying in a security holster, and are trained in weapons-retention tactics, you're asking for trouble IMHO.

Another reason I don't like open carry is that it's going to cause the sheeple to burn up the lines to 911. As we all know, there are many people out there who are terrified of guns, and believe they are pure evil. Others, for purely political reasons, believe that all guns (except for police and military) should be banned and confiscated. These are the people who will be calling the police when ever they see someone open-carrying, and believe me when I tell you that they will call. After a while, governments are going to take notice, and start thinking stricter gun control...and we all know what that means. Why stir the pot? When it comes to government, at all levels, it's best to "let sleeping dogs lie".

I am as pro 2nd Amendment as anyone in the country, and have a gun strategically located in every room in my house. Although violent crime is virtually non-existent where I live and frequent, I've always got a gun in my pocket when I leave home. While I believe that open carry should be legal anywhere in the U.S., I just don't think it's a good idea...tactically or politically.

[DE MAN]

Far left Liberals cannot handle open carry---They are too paranoid period. The biggest issue we all face is that our constitutional rights will be obstructed at the local State level of government especially if you live in a Blue State where the State and City government is majority liberal. Even though the Supreme court can rule in favor of gun rights the local corrupt liberal government will not obey the order and immediately proceed to obstruct the ruling. We see it occurring all around in Blue States. There must be consequences for politicians that intentionally violate the Federal rulings or else the liberals will continue to play games.

[Mike_usn_ret]

Far left Liberals cannot handle open carry---They are too paranoid period. The biggest issue we all face is that our constitutional rights will be obstructed at the local State level of government especially if you live in a Blue State where the State and City government is majority liberal. Even though the Supreme court can rule in favor of gun rights the local corrupt liberal government will not obey the order and immediately proceed to obstruct the ruling. We see it occurring all around in Blue States. There must be consequences for politicians that intentionally violate the Federal rulings or else the liberals will continue to play games.

Most important way to eliminate this......Many top LEO are elected....elect those that will not break the law when it comes to enforcement of these illegal laws.

[CPTKILLER]

It may be a game changer here in Texas for Constitutional Carry and change of state laws that are way overdue.