Current Events > 9th Circuit has said open carry is a CONSTITUTIONAL RIGHT

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KhanJohnny
07/25/18 12:34:50 PM
#1:


A federal appeals court ruled on Tuesday that the U.S. Constitution's Second Amendment guarantees a right to openly carry a gun in public for self-defense, finding that Hawaii overstepped its authority to regulate firearms possession outside the home.

The ruling by a three-judge panel on the 9th U.S. Circuit Court of Appeals, makes the San Francisco-based court the sixth U.S. circuit court to interpret the Second Amendment that way and could set the issue on a path toward the U.S. Supreme Court, which has not taken up a major gun rights case since 2010.

The extent of the right to gun ownership is one of the most hotly contested debates in the United States, where there has been a steady stream of mass shootings.

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.

"We do not take lightly the problem of gun violence," Judge Diarmuid O'Scannlain wrote in Tuesday's ruling. "But, for better or for worse, the Second Amendment does protect a right to carry a firearm in public for self-defense."

State Attorney General Russell Suzuki said the ruling would "undermine Hawaii's strong gun control law and our commitment to protect the public." He added that state and local authorities would consult on what further action to take.

The 9th Circuit ruled in 2016 that the Second Amendment did not guarantee a right to carry concealed firearms in public in a case originating in Southern California. The U.S. Supreme Court declined to rule on that decision last year.

President Donald Trump, a vocal gun rights supporter, is seeking to fill a vacant Supreme Court seat and make the court more conservative, raising the prospect that it may take up more cases in coming years.

Alan Beck, a lawyer for the plaintiff in Tuesday's ruling, said he believed the question about openly carrying firearms would eventually end up before the Supreme Court.

"I think the Supreme Court is receptive to this," Beck said in a phone interview.

Judge Richard Clifton dissented from Tuesday's ruling, saying the Second Amendment did not preclude the sort of licensing rules used in Hawaii and elsewhere.

Laws on openly carrying firearms vary widely by state and type of gun. The most restrictive are California, Florida, Illinois and the District of Columbia, which generally prohibit people from openly carrying any sort of firearm, according to the Giffords Law Center to Prevent Gun Violence, a nonprofit policy organization that favors greater gun control.

Hawaii is one of 15 states that requires a license or permit to openly carry a handgun, according to the center's data.

In 2008, the U.S. Supreme Court ruled for the first time that the Second Amendment protected an individual's right to keep guns at home for self-defense.

The Second Amendment was adopted in 1789 and reads: "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."


The Supreme Court may take up the issue.

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AlephZero
07/25/18 12:36:49 PM
#2:


Hopefully this marks the beginning of the end for terrible gun control laws.
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tremain07
07/25/18 12:37:53 PM
#3:


AlephZero posted...
Hopefully this marks the beginning of the end for terrible gun control laws.

It does, gun free zones may be on the chopping block next that Kinderguardians thing may be happening as well.
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Minute
07/25/18 12:38:51 PM
#4:


The US continues to validate my decision to never spend any extended period of time in that third world dystopia.
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OctilIery
07/25/18 12:39:52 PM
#5:


It's only a constitutional right if you don't have reasonable access to a CC permit.

AlephZero posted...
Hopefully this marks the beginning of the end for terrible gun control laws.

I'm going to guess most laws you're talking about are actually good.
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darkjedilink
07/25/18 12:41:01 PM
#6:


OctilIery posted...
It's only a constitutional right if you don't have reasonable access to a CC permit.

AlephZero posted...
Hopefully this marks the beginning of the end for terrible gun control laws.

I'm going to guess most laws you're talking about are actually good.

California. The assault weapons ban.
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KhanJohnny
07/25/18 12:41:13 PM
#7:


OctilIery posted...
It's only a constitutional right if you don't have reasonable access to a CC permit.

I haven't read the decision, but that's not what this article seems to suggest.
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AlephZero
07/25/18 12:41:19 PM
#8:


OctilIery posted...
I'm going to guess most laws you're talking about are actually good.

Unlikely, unless you consider banning firearms based on how scary they look to be "good."
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Questionmarktarius
07/25/18 12:41:51 PM
#9:


9th did this? Really?

That's... unexpected.
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ThePieReborn
07/25/18 12:42:35 PM
#10:


OctilIery posted...
It's only a constitutional right if you don't have reasonable access to a CC permit.

AlephZero posted...
Hopefully this marks the beginning of the end for terrible gun control laws.

I'm going to guess most laws you're talking about are actually good.

The gist of the ruling is that a blanket prohibition on open carry with few exceptions is not within the state's general police powers.

I'm inclined to agree to that extent.

Questionmarktarius posted...
9th did this? Really?

That's... unexpected.

Given that the panel consisted of a Reagan and two Bush appointees, not really.

I don't generally subscribe to the ravings of the folks claiming the Ninth Circuit is some bastion of ultra-liberalness, though.
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Questionmarktarius
07/25/18 12:43:40 PM
#11:


OctilIery posted...
It's only a constitutional right if you don't have reasonable access to a CC permit.

If you're openly carrying, a CC permit is redundant.
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eggcorn
07/25/18 12:44:30 PM
#12:


Minute posted...
The US continues to validate my decision to never spend any extended period of time in that third world dystopia.

oh no
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KhanJohnny
07/25/18 12:46:51 PM
#13:


Questionmarktarius posted...
9th did this? Really?

That's... unexpected.

All three judges are Republicans
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butthole666
07/25/18 12:47:38 PM
#14:


Maybe the Constitution is wrong and should be ammended
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Buzz Killjoy
07/25/18 12:47:45 PM
#15:


I sort of understand the textualist argument that the 2nd Amendment protects the right to open carry, but I'll never understand the desire of citizens to actually do it.

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Questionmarktarius
07/25/18 12:47:46 PM
#16:


KhanJohnny posted...
Questionmarktarius posted...
9th did this? Really?

That's... unexpected.

All three judges are Republicans

How the hell did that happen?
Dubya relics, or did Trump get to replace the whole bench?
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CableZL
07/25/18 12:48:53 PM
#17:


Hopefully people who abuse their right to carry guns in public are punished appropriately and not let off easy like Jeffrey Zeigler was.
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ThePieReborn
07/25/18 12:49:24 PM
#18:


Questionmarktarius posted...
KhanJohnny posted...
Questionmarktarius posted...
9th did this? Really?

That's... unexpected.

All three judges are Republicans

How the hell did that happen?
Dubya relics, or did Trump get to replace the whole bench?

See post 10, outside of my snark.
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Questionmarktarius
07/25/18 12:49:57 PM
#19:


ThePieReborn posted...
Questionmarktarius posted...
KhanJohnny posted...
Questionmarktarius posted...
9th did this? Really?

That's... unexpected.

All three judges are Republicans

How the hell did that happen?
Dubya relics, or did Trump get to replace the whole bench?

See post 10, outside of my snark.

Ah, thanks.
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halomonkey1_3_5
07/25/18 12:50:37 PM
#20:


butthole666 posted...
Maybe the Constitution is wrong and should be ammended

good luck with that
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#21
Post #21 was unavailable or deleted.
Questionmarktarius
07/25/18 12:52:52 PM
#22:


halomonkey1_3_5 posted...
butthole666 posted...
Maybe the Constitution is wrong and should be ammended

good luck with that

Incidentally, ERA needs just one more state.
https://www.dallasnews.com/news/politics/2018/06/01/46-years-after-texas-passed-era-needs-just-one-state-say-yes
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Awesome
07/25/18 12:54:16 PM
#23:


good, that would mean i wouldnt have to worry about getting killed while in nyc.
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Tropicalwood
07/25/18 12:55:24 PM
#24:


Saw this the other day, hopefully it goes to the supreme court and gets killed nation wide now that Kennedy is leaving.

Love how O'Scannlain responded to the naysayer by saying that gun control was intended to keep those former slaves subjugated, in response to slavery being an excuse as to why the second amendment is invalid.
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butthole666
07/25/18 12:56:47 PM
#25:


Awesome posted...
good, that would mean i wouldnt have to worry about getting killed while in nyc.

Imagine being this afraid of brown people
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Questionmarktarius
07/25/18 12:57:07 PM
#26:


Tropicalwood posted...
Saw this the other day, hopefully it goes to the supreme court and gets killed nation wide now that Kennedy is leaving.

That'll certainly be an interesting day when a heavily-conservative SCOTUS hoses gun rights.
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butthole666
07/25/18 12:58:07 PM
#27:


Buzz Killjoy posted...
I sort of understand the textualist argument that the 2nd Amendment protects the right to open carry, but I'll never understand the desire of citizens to actually do it.

Psychopathy + lib triggering
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darkjedilink
07/25/18 1:02:05 PM
#28:


Questionmarktarius posted...
halomonkey1_3_5 posted...
butthole666 posted...
Maybe the Constitution is wrong and should be ammended

good luck with that

Incidentally, ERA needs just one more state.
https://www.dallasnews.com/news/politics/2018/06/01/46-years-after-texas-passed-era-needs-just-one-state-say-yes

Too bad the deadline passed decades ago.
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ThePieReborn
07/25/18 1:04:14 PM
#29:


Questionmarktarius posted...
Tropicalwood posted...
Saw this the other day, hopefully it goes to the supreme court and gets killed nation wide now that Kennedy is leaving.

That'll certainly be an interesting day when a heavily-conservative SCOTUS hoses gun rights.

I think he meant that this ruling would be applied as doctrine.

Why Kennedy was name-dropped, though, I haven't the foggiest given which sides he pulled for in Heller and McDonald.
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Tropicalwood
07/25/18 1:04:40 PM
#30:


Questionmarktarius posted...
Tropicalwood posted...
Saw this the other day, hopefully it goes to the supreme court and gets killed nation wide now that Kennedy is leaving.

That'll certainly be an interesting day when a heavily-conservative SCOTUS hoses gun rights.

I mean they should kill the laws across the nation since the 9th circuit rulings only apply to the 9th circuit and not the entire country.

ThePieReborn posted...
Why Kennedy was name-dropped, though, I haven't the foggiest given which sides he pulled for in Heller and McDonald.

He's wishy washy on the matter of guns, in fact I'm pretty sure he was in favor of "high capacity" magazine bans.
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Abyssea
07/25/18 1:07:12 PM
#31:


butthole666 posted...
Buzz Killjoy posted...
I sort of understand the textualist argument that the 2nd Amendment protects the right to open carry, but I'll never understand the desire of citizens to actually do it.

Psychopathy + lib triggering


om41TlW
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Questionmarktarius
07/25/18 1:07:40 PM
#32:


darkjedilink posted...
Too bad the deadline passed decades ago.

So, rather than argue over whether or not a proposed amendment can be rescinded, propose it again.
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ThePieReborn
07/25/18 1:11:35 PM
#33:


Tropicalwood posted...
Questionmarktarius posted...
Tropicalwood posted...
Saw this the other day, hopefully it goes to the supreme court and gets killed nation wide now that Kennedy is leaving.

That'll certainly be an interesting day when a heavily-conservative SCOTUS hoses gun rights.

I mean they should kill the laws across the nation since the 9th circuit rulings only apply to the 9th circuit and not the entire country.

ThePieReborn posted...
Why Kennedy was name-dropped, though, I haven't the foggiest given which sides he pulled for in Heller and McDonald.

He's wishy washy on the matter of guns, in fact I'm pretty sure he was in favor of "high capacity" magazine bans.

That's immaterial to the question of prohibition of possession and open carry, however. Open carry is a logical and immediate extension of possession. Kennedy would agree with the panel's decision here without issue.

You're not likely to find a judge who will affirm the notion that the Second Amendment entirely precludes the states' ability to regulate firearms, nor do I know of any federal opinion stating as much.
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Nomadic View
07/25/18 1:13:28 PM
#34:


butthole666 posted...
Maybe the Constitution is wrong and should be ammended


Go for it. Wait until closer to the election to push that shit. I dare you.
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butthole666
07/25/18 1:14:39 PM
#35:


Nomadic View posted...
butthole666 posted...
Maybe the Constitution is wrong and should be ammended


Go for it. Wait until closer to the election to push that shit. I dare you.

I mean children keep dying
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#36
Post #36 was unavailable or deleted.
butthole666
07/25/18 1:17:04 PM
#37:


Abyssea posted...
butthole666 posted...
Buzz Killjoy posted...
I sort of understand the textualist argument that the 2nd Amendment protects the right to open carry, but I'll never understand the desire of citizens to actually do it.

Psychopathy + lib triggering


om41TlW

Its really incredible how hicks feel safer around an unhinged white guy with a gun whos WAITING for an excuse than a bunch of unarmed people going about their day who happen to not be white (see: @Awesome)
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butthole666
07/25/18 1:17:45 PM
#38:


GregShmedley posted...
butthole666 posted...
Nomadic View posted...
butthole666 posted...
Maybe the Constitution is wrong and should be ammended


Go for it. Wait until closer to the election to push that shit. I dare you.

I mean children keep dying


What does this have to do with open carry?

People have guns

They should not have guns
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hockeybub89
07/25/18 1:19:07 PM
#39:


It shouldn't be.

KhanJohnny posted...
Hawaii is one of 15 states that requires a license or permit to openly carry a handgun, according to the center's data.

Only 15? Fucking what?
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#40
Post #40 was unavailable or deleted.
AlephZero
07/25/18 1:22:43 PM
#41:


only cops should have guns
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Questionmarktarius
07/25/18 1:24:02 PM
#42:


AlephZero posted...
only cops should have guns

https://pics.me.me/you-dont-need-a-cops-are-evil-because-you-gun-8641328.png

Please pick a narrative and stick with it.
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smoliske
07/25/18 1:25:00 PM
#43:


I just realized I had butthole666 on ignore. I was wondering why the anchors weren't working
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cjsdowg
07/25/18 1:32:26 PM
#44:


CableZL posted...
Hopefully people who abuse their right to carry guns in public are punished appropriately and not let off easy like Jeffrey Zeigler was.


He was let off ?
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cjsdowg
07/25/18 1:33:21 PM
#45:


Questionmarktarius posted...
AlephZero posted...
only cops should have guns

https://pics.me.me/you-dont-need-a-cops-are-evil-because-you-gun-8641328.png

Please pick a narrative and stick with it.


When did Sanders or anyone say ALL cops are evil racist .
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CableZL
07/25/18 4:27:19 PM
#46:


cjsdowg posted...
CableZL posted...
Hopefully people who abuse their right to carry guns in public are punished appropriately and not let off easy like Jeffrey Zeigler was.


He was let off ?


He had a prior gun conviction in 2004, but they reduced the charge to a misdemeanor.
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DarkTransient
07/25/18 4:31:11 PM
#47:


For fuck's sake, America.

You should all know by now that the Second Amendment means you will never enact a successful gun ban.

Stop trying to ignore it, and start going after things it doesn't cover. Time to implement... bullet control.
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glitteringfairy
07/25/18 4:31:36 PM
#48:


butthole666 posted...
Awesome posted...
good, that would mean i wouldnt have to worry about getting killed while in nyc.

Imagine being this afraid of brown people

That's a weird thing to project when he mentioned no race
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Dark_Spiret
07/25/18 4:57:13 PM
#49:


45/50 states already have legal open carry so i dont know why people are making a fuss over this.
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I is smart
07/25/18 5:04:29 PM
#50:


butthole666 posted...
Awesome posted...
good, that would mean i wouldnt have to worry about getting killed while in nyc.

Imagine being this afraid of brown people


I like how he immediately jumps to brown people, and still tries to make like Awesome is the one who is racist.
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