9th Circuit: no 2nd Amendment right to concealed carry outside the home

[Knowing]

We have permit-less open carry here. You can even carry in state government buildings. Don't hear about many shootings either, which is really weird given how common guns, gun shows, and gun stores are.

Sent from my Nexus 5X using Tapatalk

 

[Greenman]

Isn't the 9th the most overturned court in the country?

 

[Paladin3]

It's a correct ruling. State legislation handles C&C. Hell, it handles open carry. This doesn't change that.

This.

 

[Atreus21]

When has the supreme court ruled on this?

Even Scalia said that the right to bear arms is not unlimited.

Yeah, and now he's dead.









sorry, maybe it's too soon.

 

[Blackjack200]

Is this a mod call out?

Is this a mod call out?

 

[Fanatical Meat]

Is this a mod call out?

Boys stop it

Can't multiquote on mobile. This applies to you to buck

 

[HomerJS]

The guy who won't even allow conceal carry at his events is going to save the day??

 

[sactoking]

"I'm all for states' rights and believe the federal government shouldn't interfere in citizens' lives (or even exist)... except for when states do things I don't like, then I want the federal government to come in and save the day."

 

[sm625]

shall not be infringed

Four very simple words.

Might I remind you that the preamble to the bill of rights states:

"The Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution."

It is perfectly clear that

shall not be infringed

means

shall not be infringed

 

[Blackjack200]

It is perfectly clear that "a well regulated militia" means "a well regulated militia".

 

[FerrelGeek]

We have a choice between 2 authoritarian figures this fall, and that libertarian guy. Dem leaders can be very authoritarian as well, but dems seem to like that kind of authoritarianism as it bends people to their will.

Yeah right, an authoritarian strongman will definitely let you keep your guns. I mean, he said so didn't he? And he never lies. Lol!

Not that it matters, I've been told that the moment any kind of gun restriction passes, the country will descend into civil war. The righteous, law-abiding (TM) gun owners with broad shoulders and strong jaw lines will take back the country from the feckless government ninnies. 2:35 ET... any moment now...

 

[dainthomas]

It is perfectly clear that "a well regulated militia" means "a well regulated militia".

Have never figured out why 2nd amendment activists always leave out a pretty big chunk of it.

 

[Gonad the Barbarian]

Have never figured out why 2nd amendment activists always leave out a pretty big chunk of it.

Because it weakens a lot of their arguments.

There's a legitimate case to be made here under the 14th amendment, which the plantiffs apparently did, but were denied, and of course that's not getting any of the attention.

 

[zinfamous]

Yeah, and now he's dead.









sorry, maybe it's too soon.

It was too late, really.

 

[zinfamous]

Have never figured out why 2nd amendment activists always leave out a pretty big chunk of it.

Because that's obviously not as clear and plain as the other part.

Obviously means obviously; but you know other stuff is open for interpretation, because of course.

 

[CaptainGoodnight]

Have never figured out why 2nd amendment activists always leave out a pretty big chunk of it.

At the time the Bill of Rights was written, "well regulated" meant, well equipped or well-functioning.

And who is the militia?

the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.

Source: https://www.law.cornell.edu/uscode/text/10/311

edit:

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.

Everything before the comma is an explanation for everything after the comma: "A well regulated militia" is not a legal requirement on its own, but the justification for ensuring that the people are armed. This is simple grammar, and frankly, if the issue weren't so politicized, obvious. And English is not my first language.

 

[Bart*Simpson]

yeah it will be overturned. this has been ruled on and the 9th is wrong.

You're right. Because a defacto ban on concealed carry is only valid when open carry is legal. A number of states took that option and embraced open carry so they could better restrict concealed carry.

Funny thing is there's an ongoing open carry case in the 9th and if the 9th validates open carry (which might be where they're going) then California can retain its politically charged concealed carry rules.

http://blog.californiarighttocarry.org/

 

[Bart*Simpson]

Have never figured out why 2nd amendment activists always leave out a pretty big chunk of it.

Because the US Supreme Court ruled that the right clearly is held by "the people" just as every other right of the people is held by the people.

The right is now 'incorporated' and it won't be rolled back absent an Amendment to do so.

 

[ivwshane]

At the time the Bill of Rights was written, "well regulated" meant, well equipped or well-functioning.

And who is the militia?


Source: https://www.law.cornell.edu/uscode/text/10/311

edit:



Everything before the comma is an explanation for everything after the comma: "A well regulated militia" is not a legal requirement on its own, but the justification for ensuring that the people are armed. This is simple grammar, and frankly, if the issue weren't so politicized, obvious. And English is not my first language.

History and context also play a role in the interpretation. For example, there wasn't a standing army and the national guard was controlled solely by the state's. A well regulated militia was necessary for protecting the interior of the country. Of course that all changed after we created a standing army.

 

[CountZero]

"I'm all for states' rights and believe the federal government shouldn't interfere in citizens' lives (or even exist)... except for when states do things I don't like, then I want the federal government to come in and save the day."

There isn't a sane person in this country that is truly a statist or a federalist. None. There are clearly items that should be state regulated and items which should be federal regulated. Which should be which is probably driven by your wedge issue opinions more than your big/small government leanings.

And Glenn1, despite his ranty methodology, isn't completely off mark. Governments would either move towards unlimited abortions and guns or limited abortions and guns. For a government to limit one thing but leave something else unlimited would be bizarre. Even the 1st amendment, which the US is maybe the most liberal country in free speech protection, still has some limits. It is pretty clear we, as a country, keep things unlimited and then test the legal waters with limits to see which are viable and which aren't. Some of these limits will be at the federal level but most will be at the state level.

 

[Gonad the Barbarian]

At the time the Bill of Rights was written, "well regulated" meant, well equipped or well-functioning.

And who is the militia?


Source: https://www.law.cornell.edu/uscode/text/10/311

edit:



Everything before the comma is an explanation for everything after the comma: "A well regulated militia" is not a legal requirement on its own, but the justification for ensuring that the people fit for militia duty are armed. This is simple grammar, and frankly, if the issue weren't so politicized, obvious. And English is not my first language.

bold added

 

[HTFOff]

The GOP would HATE to see the democrats make eroding the 2nd the main theme in this election. Militia? The very word itself triggers millions of americans. Scrap it, soup to nuts.

Someone should relay this strategy to the DNC. :thumbsup:

 

[Fenixgoon]

At the time the Bill of Rights was written, "well regulated" meant, well equipped or well-functioning.

And who is the militia?


Source: https://www.law.cornell.edu/uscode/text/10/311

edit:



Everything before the comma is an explanation for everything after the comma: "A well regulated militia" is not a legal requirement on its own, but the justification for ensuring that the people are armed. This is simple grammar, and frankly, if the issue weren't so politicized, obvious. And English is not my first language.

many an english professor has reviewed the text of the 2nd - you can find interpretations going either way, which i find interesting.

now, going back to the topic at hand - yes, CCW is under purview of the state. however, i can't imagine that the state can wholesale deny everyone CCW (i.e. it is illegal to CCW), as that defeats the point of keeping and bearing arms.

what most likely will happen is CA will end up as a "may issue" state, where a "good cause" must be demonstrated. which often means it's anywhere from easy to get to impossible depending on exactly where in the state you live and who you know in the PD/sheriff's dept.

History and context also play a role in the interpretation. For example, there wasn't a standing army and the national guard was controlled solely by the state's. A well regulated militia was necessary for protecting the interior of the country. Of course that all changed after we created a standing army.

the 2nd was also put in to protect the states against an overarching federal govt, as i recall. this gives a pretty interesting perspective on the development at the time the constitution was enacted. i don't think it's been updated recently to include Heller vs DC or MacDonald vs Chicago.
http://www.heritage.org/constitution/#!/amendments/2/essays/142/to-keep-and-bear-arms

 

[JSt0rm]

and a million gun nuts quivered...

 

[MongGrel]

It's still amazing to me the amount of people that think all Democrats are tree hugging "liberuls" that do not own guns.