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New gun ruling in the 9th District

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  • New gun ruling in the 9th District

    http://www.foxnews.com/us/2014/02/13...appeals-court/

    Guns make me nervous, but my nervousness is not enough to restrict Constitutional rights.

    I've not read the ruling yet, but will look for it once published.

  • #2
    OK, what's wrong here ... the Ninth Circus Court SUPPORTS Concealed Carry?

    Source: article offered


    By a 2-1 vote, the three-judge panel of the 9th U.S. Circuit Court of Appeals said California was wrong to require applicants to show good cause to receive a permit to carry a concealed weapon.

    "The right to bear arms includes the right to carry an operable firearm outside the home for the lawful purpose of self-defense," Judge Diarmuid O'Scannlain wrote for the majority.

    © Copyright Original Source

    "Neighbor, how long has it been since you’ve had a big, thick, steaming bowl of Wolf Brand Chili?”

    Comment


    • #3
      Originally posted by Cow Poke View Post
      OK, what's wrong here ... the Ninth Circus Court SUPPORTS Concealed Carry?
      I've seen a lot of folks complain about the 9th being the evil of the world. Maybe they're not?

      Comment


      • #4
        Originally posted by Outis View Post
        I've seen a lot of folks complain about the 9th being the evil of the world. Maybe they're not?
        Yeah, it's certainly a puzzler, for sure.
        "Neighbor, how long has it been since you’ve had a big, thick, steaming bowl of Wolf Brand Chili?”

        Comment


        • #5
          Originally posted by Cow Poke View Post
          Yeah, it's certainly a puzzler, for sure.
          Here's the ruling: http://cdn.ca9.uscourts.gov/datastor...12/1056971.pdf

          Comment


          • #6
            Volokh at the Washington Post has a good analysis: http://www.washingtonpost.com/news/v...a-gun-opinion/

            Comment


            • #7
              Originally posted by Outis View Post
              Volokh at the Washington Post has a good analysis: http://www.washingtonpost.com/news/v...a-gun-opinion/
              OK, I'm having a hard time getting this part...

              Source: wish these tags worked


              1. California law essentially leaves most law-abiding adults without the ability to carry guns in public for effective self-defense, period. People are barred from carrying guns either openly or concealed.

              © Copyright Original Source



              You can carry guns in public, but not openly or concealed?
              "Neighbor, how long has it been since you’ve had a big, thick, steaming bowl of Wolf Brand Chili?”

              Comment


              • #8
                I'm guessing one could carry a gun in the CAR, not on your person. But don't hold me to that.
                Watch your links! http://www.theologyweb.com/campus/fa...corumetiquette

                Comment


                • #9
                  Originally posted by Cow Poke View Post
                  OK, I'm having a hard time getting this part...

                  Source: wish these tags worked


                  1. California law essentially leaves most law-abiding adults without the ability to carry guns in public for effective self-defense, period. People are barred from carrying guns either openly or concealed.

                  © Copyright Original Source



                  You can carry guns in public, but not openly or concealed?
                  You can have a gun in your car, or on your property (both of those under the "castle doctrine"). But the way the law stands before the ruling, you cannot carry open, and you cannot carry concealed without a permit that was extremely difficult to attain.

                  Comment


                  • #10
                    Originally posted by Outis View Post
                    You can have a gun in your car, or on your property (both of those under the "castle doctrine"). But the way the law stands before the ruling, you cannot carry open, and you cannot carry concealed without a permit that was extremely difficult to attain.
                    Never mind -- I was really tired, apparently, cause I read "without" as "with".... TOTALLY changes the meaning.

                    As you were!
                    "Neighbor, how long has it been since you’ve had a big, thick, steaming bowl of Wolf Brand Chili?”

                    Comment


                    • #11
                      Originally posted by Cow Poke View Post
                      Never mind -- I was really tired, apparently, cause I read "without" as "with".... TOTALLY changes the meaning.

                      As you were!
                      Coffee or sleep. One or the other.

                      Comment


                      • #12
                        Originally posted by Outis View Post
                        Coffee or sleep. One or the other.
                        Yeah, when I read it wrong the first time, each time I tried to understand it, I read it exactly the same way I misread it the first time. Kinda like when you type something, you don't see your own typos - you see what you THOUGHT you typed.

                        NOW that I've had sleep AND (subsequently) Coffee, it makes the 9th Court's ruling even more puzzling. But let's be sure I'm reading THAT right.

                        "The right to bear arms includes the right to carry an operable firearm outside the home for the lawful purpose of self-defense,"

                        So they ARE defending the right to carry "in public", not just in your home or car (the castle doctrine, as you so eloquently pointed out)?
                        "Neighbor, how long has it been since you’ve had a big, thick, steaming bowl of Wolf Brand Chili?”

                        Comment


                        • #13
                          Originally posted by Cow Poke View Post
                          Yeah, when I read it wrong the first time, each time I tried to understand it, I read it exactly the same way I misread it the first time. Kinda like when you type something, you don't see your own typos - you see what you THOUGHT you typed.
                          I know not of what you speak. I never do that. And I'm never worng.

                          Okay, maybe I'm only "worng" on days that end in Y.

                          "The right to bear arms includes the right to carry an operable firearm outside the home for the lawful purpose of self-defense,"

                          So they ARE defending the right to carry "in public", not just in your home or car (the castle doctrine, as you so eloquently pointed out)?
                          Yes. Generally speaking, the California laws forbade open carry, and made concealed carry so difficult as to be effectively impossible to get. Generally speaking, if California was a "shall-issue" state, there would have been no problem, but with the law as it stood before this ruling, a CCW license was prohibitively difficult. 9th struck down the laws that made the license so difficult to get.

                          California can still create a regulatory scheme that will require CCW licensure, but they cannot create one that is this prohibitive.

                          Comment


                          • #14
                            Originally posted by Outis View Post
                            Yes. Generally speaking, the California laws forbade open carry, and made concealed carry so difficult as to be effectively impossible to get. Generally speaking, if California was a "shall-issue" state, there would have been no problem, but with the law as it stood before this ruling, a CCW license was prohibitively difficult. 9th struck down the laws that made the license so difficult to get.

                            California can still create a regulatory scheme that will require CCW licensure, but they cannot create one that is this prohibitive.
                            OK, we're on the same page on this!

                            And, yes, I jokingly called the 9th Circuit Court the "9th Circus Court", because it had gained a certain "reputation". HOWEVER, in an effort to support the claim that it is "the most reversed court in the Nation", I have to admit that I came up short.

                            Interesting article! Will be interesting to see where this goes.
                            "Neighbor, how long has it been since you’ve had a big, thick, steaming bowl of Wolf Brand Chili?”

                            Comment

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