View Full Version : 9th Circuit Court: Openly Carrying a Firearm in Public is Constitutional
https://www.breitbart.com/big-government/2018/07/24/ninth-circuit-rules-openly-carrying-firearm-in-public-is-constitutional/?utm_source=facebook&utm_medium=social
The ruling, issued by a three-judge panel, is a rebuttal to Hawaii’s claim that Second Amendment protections only applied to carrying a gun openly in one’s home.
Ninth Circuit Judge Diarmuid O’Scannlain wrote, “We do not take lightly the problem of gun violence. But, for better or for worse, the Second Amendment does protect a right to carry a firearm in public for self-defense.”
What is happening? I feel like I am living in the Bizaro world? The Ninth? Protecting the Second Amendment twice in a week?
"Only in one's home" is a tough pile of crap to sell... even for the 9th jerkit court.
RetroRevolver77
07-24-18, 13:12
They've done a few good rulings lately, I'm thinking they don't want to get replaced.
Moose-Knuckle
07-24-18, 13:33
What is happening? I feel like I am living in the Bizaro world? The Ninth? Protecting the Second Amendment twice in a week?
https://www.youtube.com/watch?v=ilcRS5eUpwk
This is exactly what came to mind when I read the article! Exactly this scene lol
platoonDaddy
07-24-18, 14:45
2nd ruling in two weeks favorable to 2A. As stated in the other thread, are they setting us up? !! https://www.m4carbine.net/showthread.php?208380-Huge-2A-ruling-in-9th-circuit
There are some "conservatives" on the 9th. Mostly raging liberals though. If you score the 2 or 3 conservs for your appeal, then you get a sane ruling, if you get the insane judges, well you get insane rulings. When I was up in Lewiston, Idaho a couple months ago my friend was packing his heat openly...no big deal. Even though I'm not long for Ca. it would be sweet being able to pack something without paying a fortune. In my county it's almost $400 to get a CCW.
Moose-Knuckle
07-24-18, 16:49
Even though I'm not long for Ca. it would be sweet being able to pack something without paying a fortune. In my county it's almost $400 to get a CCW.
Damn.
Last year Texas lowered our's and the associated fees.
New Texas law lowers fees for handgun licenses. A new law reduces the first-time fee for a license to carry from $140 to $40 and the renewal fee from $70 to $40.
FromMyColdDeadHand
07-24-18, 16:59
Cliff notes on what this means in the real world for those in a Newly Sane 9th?
Don't know who was on this roster, but sometimes I wonder if these decisions are to scare people into what a Trump SCOTUS would do- the horror!
https://www.breitbart.com/big-government/2018/07/24/ninth-circuit-rules-openly-carrying-firearm-in-public-is-constitutional/?utm_source=facebook&utm_medium=social
The ruling, issued by a three-judge panel, is a rebuttal to Hawaii’s claim that Second Amendment protections only applied to carrying a gun openly in one’s home.
Ninth Circuit Judge Diarmuid O’Scannlain wrote, “We do not take lightly the problem of gun violence. But, for better or for worse, the Second Amendment does protect a right to carry a firearm in public for self-defense.”
What is happening? I feel like I am living in the Bizaro world? The Ninth? Protecting the Second Amendment twice in a week?
Maybe they are coming to their senses. But the distrusting, tin foil hat wearing part of me thinks they may be trying to lull the conservative, 2nd amendment supporting voters into staying home in November.
FromMyColdDeadHand
07-24-18, 17:24
https://youtu.be/o3yOFtgYkfM
Saw this on The Hide.
When the judge talks about chances and 'may' and he brings up the Lotto, he should have instead used the line from "Dumb, and Dumber":
https://i.kym-cdn.com/photos/images/original/000/840/283/350.png
Was the judge on the far right surfing Facebook at the very end of that video?
I am equally confused coming out of the 9th Circuit. I have always been interested the premise any 2A case will get struck down or found favorable for the government, and that's that. I am not quite sure how to process this information. Doubly so because I live in that jurisdiction.
FromMyColdDeadHand
07-24-18, 18:00
And this is a case, not an injunction action like the CA mag law, correct. So HI needs to change laws, and that applies to all of the 9th states?? Or I guess the govt will appeal to hear this before the whole circuit?
At least there is a ruling on our side that can be appealed if the whole 9th goes against us. SCOTUS could then take the case and say that the en blanc decision is incorrect- but they didn't do that for the MD law, they didn't take the case and the intermediate scrutiny over the strict standard.
Was the judge on the far right surfing Facebook at the very end of that video?
I am equally confused coming out of the 9th Circuit. I have always been interested the premise any 2A case will get struck down or found favorable for the government, and that's that. I am not quite sure how to process this information. Doubly so because I live in that jurisdiction.
Judges Clifton and Ikuta are G.W. Bush appointments. O'Scannlain is a Reagan appointment. I have no idea how cases get assigned to judges, but it looks like this one ended up in front of three of the more conservative judges in the Ninth Circuit.
BrigandTwoFour
07-24-18, 20:06
O’Scannlain was one of the ones that also knocked down San Diego’s interpretation of “May issue” to mean “no issue” in Peruta. It was a 2-1 victory for the 2A in that case. The losing judge was so miffed that he petitioned to have the case reheard en banc (which the state didn’t want, because of the risk of overturning CA’s whole CCW scheme). He got to sit in that en banc hearing, and I think he wrote the majority opinion there that overturned O’Scannlain.
I bet he’s still pissed about that.
Damn.
Last year Texas lowered our's and the associated fees.
Think mine was 15 bucks? I didn't even own a pistol when I got it. Wanted to take a class and I could either show my ccw or pay a $25 fee to have a background check run. At the time a ccw permit was good for 4 years but I think they bumped it up to 5 and made them optional.
They've done a few good rulings lately, I'm thinking they don't want to get replaced.
They need to be replaced regardless. No one is overturned even close to as often as they are.
FromMyColdDeadHand
07-25-18, 03:19
This was a 2-1, and with GOP appointees..... Heller/McDonald is pretty clear and the lawyers defense that sometime, before the end of the Earth, that someone might get a CCW in HI rang pretty hollow. And still we lost 1 of the three.
We just need to get one of these 'intermediate' scrutiny appellate decisions thrown back and be told to do 'strict' scrutiny on AWBs and mag bans. I just want at least one decision that you can't outlaw semis and that mag bans are not kosher before Thomas croaks. That way at least we don't have to worry about outright confiscation. Then we can start to roll these back, especially if Toronto and London keep getting worse.
What I gathered from doing a quick read of the ruling...
1. Hawaii has a may issue permit system for open carry and conceal carry.
2. Lawsuit challenged this.
3. Court ruled that open carry was protected under the Second Amendment and conceal carry was not protected under the Second Amendment.
4. Permit issuance systems are legal.
5. Hawaii must change their may issue open carry permit system to a shall issue open carry system.
Moose-Knuckle
07-25-18, 16:12
Think mine was 15 bucks? I didn't even own a pistol when I got it. Wanted to take a class and I could either show my ccw or pay a $25 fee to have a background check run. At the time a ccw permit was good for 4 years but I think they bumped it up to 5 and made them optional.
Nice, in reality they shouldn't cost anything since it is a right to begin with. In Texas a large portion of the fee revenue was going to unrelated things so it caused quit a stink and brought about the change.
What I gathered from doing a quick read of the ruling...
1. Hawaii has a may issue permit system for open carry and conceal carry.
2. Lawsuit challenged this.
3. Court ruled that open carry was protected under the Second Amendment and conceal carry was not protected under the Second Amendment.
4. Permit issuance systems are legal.
5. Hawaii must change their may issue open carry permit system to a shall issue open carry system.
Oh I hope I see HI get reciprocity with my state. I'd love to carry the next time I go on vacation there, one can dream.
Can someone explain how the 9th can rule on something, yet it can be appealed an an en bland review occur. I thought appeal would require the case to be kicked to a higher court?
Can someone explain how the 9th can rule on something, yet it can be appealed an an en bland review occur. I thought appeal would require the case to be kicked to a higher court?
Rule 35. En Banc Determination
(a) When Hearing or Rehearing En Banc May Be Ordered. ]A majority of the circuit judges who are in regular active service and who are not disqualified may order that an appeal or other proceeding be heard or reheard by the court of appeals en banc. An en banc hearing or rehearing is not favored and ordinarily will not be ordered unless:
(1) en banc consideration is necessary to secure or maintain uniformity of the court's decisions; or
(2) the proceeding involves a question of exceptional importance.........
https://www.law.cornell.edu/rules/frap/rule_35
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