Help support WeTheArmed.com by visiting our sponsors.

Author Topic: U.S. appeals court upholds right to carry gun in public  (Read 4504 times)

aikorob

  • Contributor
  • ****
  • Posts: 1365

  • Offline
U.S. appeals court upholds right to carry gun in public
« on: July 25, 2018, 04:33:56 pm »
https://www.reuters.com/article/us-usa-guns-court/us-appeals-court-upholds-right-to-carry-gun-in-public-idUSKBN1KE28C

In a 2-1 decision on Tuesday, the panel found Hawaii infringed on the rights of plaintiff George Young when it twice denied him a permit the state requires to openly carry a gun in public.
GeorgiaFrom The Codex Kalachnikova: "He who would have you surrender your arms does so because he wishes to do something you could prevent by their usage."

WeTheArmed.com

  • Advertisement
  • ***

    coelacanth

    • Senior Contributor
    • *****
    • Posts: 10040
    • eccentric orbit

    • Offline
    Re: U.S. appeals court upholds right to carry gun in public
    « Reply #1 on: July 25, 2018, 04:58:44 pm »
    Something of a surprise coming from the ninth circuit.   :hmm
    Arizona" A republic, if you can keep it."

                                                   Benjamin Franklin

    sqlbullet

    • Contributor
    • ****
    • Posts: 1593

    • Offline
    Re: U.S. appeals court upholds right to carry gun in public
    « Reply #2 on: July 25, 2018, 05:49:09 pm »
    Reading the majority opinion, or rather scanning it in the limited time I have had so far...It very much appears that fact that the county had never issued a concealed firearms permit fed heavily into the decision.

    That is to say, these judges recognize they are bound by Heller and McDonald, and the individual right those cases incorporate against the states to keep and bear arms for self-defense.  That this is a core right equal to the other core rights is established and cannot be ignored by this court.

    The dissent calls out that the right to carry only on good cause has been upheld in other jurisdictions, and suggests the same could apply here.  The majority counters this with the contention that the county acknowledges it has never issued a permit for concealed carry, and only issues open carry permits in conjunction with employment, and then only in a very narrow scope.

    The majority opinion seems to leave the door open to the State of Hawaii to pass some kind of "may issue" legislation that removes such a narrow scope from the burden on the citizen.  Mirroring the laws established in California, which have been upheld, for instance.  This would likely still leave the plaintiff stripped of his core rights, but it is inferred that this may be upheld.

    This is a victory, but it seems clear to me that the ninth circuit may be playing a long game here to force the plaintiff to start his process over, delaying a review by the USSC that may dramatically change the landscape by requiring shall issue laws in all states.
    Utah

    AltRight Vanguard

    • Member
    • **
    • Posts: 145
    • Forward, in the Name of God.

    • Offline
    Re: U.S. appeals court upholds right to carry gun in public
    « Reply #3 on: July 26, 2018, 12:18:08 am »
    Something of a surprise coming from the ninth circuit.   :hmm
    Might have had to do with them knowing that SCOTUS is likely to be taking a lot more gun cases in the future, and them not wanting to hand down a ruling that would definitely be appealed. (and won by our side)  So they handed down a sufficiently narrow 'victory' for our side, and we can not turn it into the next McDonald ruling.

    So much as we should expect from the 9th Circus Court...
    West VirginiaLet these troubles come during my time, so that my children may live in peace.

    Mississippi556

    • Senior Member
    • ***
    • Posts: 915

    • Offline
    Re: U.S. appeals court upholds right to carry gun in public
    « Reply #4 on: July 27, 2018, 04:24:50 pm »
    Something of a surprise coming from the ninth circuit.   :hmm

    Sadly, that is just a three-judge panel.  I understand the ruling is to be appealed to the full 9th Circuit, en banc.   Given the position (generally) of the full court out there, that does not bode well for gun rights.  But, hope springs eternal . . .
    Mississippi"When a strong man, fully armed, guards his own palace, his goods are safe"  Words of Jesus, Luke 11:21 (ESV).

    coelacanth

    • Senior Contributor
    • *****
    • Posts: 10040
    • eccentric orbit

    • Offline
    Re: U.S. appeals court upholds right to carry gun in public
    « Reply #5 on: July 27, 2018, 06:09:35 pm »
    Agreed.  My hope is that congress finds the stones to break up that monstrosity into two or even three parts.  Leave the 9th to administer to Washington, Oregon and northern California.  Let the rest of us who have suffered long and miserably under it be administered by a new circuit with judges appointed by our current president. 
    Arizona" A republic, if you can keep it."

                                                   Benjamin Franklin

    cpaspr

    • Senior Contributor
    • *****
    • Posts: 2242

    • Offline
    Re: U.S. appeals court upholds right to carry gun in public
    « Reply #6 on: July 28, 2018, 05:23:55 pm »
    Quote
    Agreed.  My hope is that congress finds the stones to break up that monstrosity into two or even three parts.  Leave the 9th to administer to Washington, Oregon and northern California.  Let the rest of us who have suffered long and miserably under it be administered by a new circuit with judges appointed by our current president. 

    I have a better idea (imnsho).  Let's leave the 9th to administer just California and Hawaii.  Or, maybe just the bottom half of California and Hawaii.  Oh, all right.  They can have Portland too. Maybe even Seattle.  But there's lots of good, sensible people in northern California, Oregon and Washington who are outnumbered by the idiots in those cesspools.
    Oregon

    coelacanth

    • Senior Contributor
    • *****
    • Posts: 10040
    • eccentric orbit

    • Offline
    Re: U.S. appeals court upholds right to carry gun in public
    « Reply #7 on: July 28, 2018, 05:34:02 pm »
    Fair enough.  Draw it up any way you want - just leave me out of it.    :coffee
    Arizona" A republic, if you can keep it."

                                                   Benjamin Franklin

    cpaspr

    • Senior Contributor
    • *****
    • Posts: 2242

    • Offline
    Re: U.S. appeals court upholds right to carry gun in public
    « Reply #8 on: July 28, 2018, 07:11:06 pm »
    Sorry.  I should have explained in more detail.  I'm in Oregon, and vote against darn near everything and everyone, but rarely do the better candidates win because of the liberal majority in the cities.
    Oregon

    coelacanth

    • Senior Contributor
    • *****
    • Posts: 10040
    • eccentric orbit

    • Offline
    Re: U.S. appeals court upholds right to carry gun in public
    « Reply #9 on: July 28, 2018, 07:17:15 pm »
    I feel your pain, brother.  I'm in Arizona and am stuck with McCain and Flake .  .  .   :facepalm
    Arizona" A republic, if you can keep it."

                                                   Benjamin Franklin

    AltRight Vanguard

    • Member
    • **
    • Posts: 145
    • Forward, in the Name of God.

    • Offline
    Re: U.S. appeals court upholds right to carry gun in public
    « Reply #10 on: July 28, 2018, 10:53:42 pm »
    Fair enough.  Draw it up any way you want - just leave me out of it.    :coffee
    Trade AZ to the 10th for WY, then split CA, AK, and HI off to make a 13th.

    I feel your pain, brother.  I'm in Arizona and am stuck with McCain and Flake .  .  .   :facepalm
    I'm no fan of McCain, but that's a terrible way for anyone to go...

    And Flake...  Watching that pompous ass run his mouth about Trump, I'm glad he's out as well.
    West VirginiaLet these troubles come during my time, so that my children may live in peace.

    Help support WeTheArmed.com by visiting our sponsors.