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9th Circuit strikes down California's restrictive rule against licensed carry
Posted on 2/13/14 at 1:25 pm
Posted on 2/13/14 at 1:25 pm
LINK
quote:
The Ninth Circuit’s decision in Peruta v. San Diego, released minutes ago, affirms the right of law-abiding citizens to carry handguns for lawful protection in public
Posted on 2/13/14 at 1:27 pm to BamaFan89
Isn't that the most liberal circuit in the country?
If so, that's really encouraging.
If so, that's really encouraging.
Posted on 2/13/14 at 1:32 pm to BamaFan89
Well now...that's damned interesting. Perhaps they finally realized that constitutional rights are constitutional RIGHTS after all.
Posted on 2/13/14 at 1:32 pm to Sentrius
quote:
Isn't that the most liberal circuit in the country?
I believe the one for D.C. gives them a run for their money, but I think the 9th wins out as most liberal.
quote:
If so, that's really encouraging.
Yep. It should also be extremely encouraging for residents of Hawaii, New Jersey, etc. who also have these unconstitutional "may issue" laws.
Posted on 2/13/14 at 1:34 pm to BamaFan89
I am really encouraged to see gun owners push back and fight for their rights finally. Hoping they don't let up and are relentless in pursuing more candidates to elect and in getting laws passed that ensures their protections.
Posted on 2/13/14 at 1:37 pm to Alahunter
The left is always moving the goal post. It is time the right starts doing the same. Win on an issue and then push some more...
Posted on 2/13/14 at 1:37 pm to Alahunter
The left is always moving the goal post. It is time the right starts doing the same. Win on an issue and then push some more...
Posted on 2/13/14 at 1:37 pm to udtiger
It was in a 2-1 decision so it wasn't full court and the way the court is set up this was just a luck of the draw or they fought to get two judges they felt would side with them.
Posted on 2/13/14 at 1:41 pm to wickowick
quote:
It is time the right starts doing the same. Win on an issue and then push some more
Absolutely. Got the momentum and it needs to keep on going.
Posted on 2/13/14 at 1:42 pm to BamaFan89
Go frick yourself Feinstein
Posted on 2/13/14 at 2:11 pm to los angeles tiger
quote:
It was in a 2-1 decision so it wasn't full court and the way the court is set up this was just a luck of the draw or they fought to get two judges they felt would side with them.
It wasn't a slam dunk, for sure, but it's still encouraging to see a decision like this come out of the 9th Circuit.
Posted on 2/13/14 at 4:11 pm to lsuroadie
quote:
We are well aware that, in the judgment of many governments, the
safest sort of firearm-carrying regime is one which restricts the privilege to
law enforcement with only narrow exceptions. Nonetheless, “the
enshrinement of constitutional rights necessarily takes certain policy choices
off the table. . . . Undoubtedly some think that the Second Amendment is
outmoded in a society where our standing army is the pride of our Nation,
where well-trained police forces provide personal security, and where gun
violence is a serious problem. That is perhaps debatable, but what is not
debatable is that it is not the role of this Court [or ours] to pronounce the
Second Amendment extinct.” Id. at 636. Nor may we relegate the bearing
of arms to a “second-class right, subject to an entirely different body of rules
than the other Bill of Rights guarantees that we have held to be incorporated
76into the Due Process Clause.” McDonald, 130 S. Ct. at 3044.
The district court erred in denying the applicant’s motion for summary
judgment on the Second Amendment claim because San Diego County’s
“good cause” permitting requirement impermissibly infringes on the Second
Amendment right to bear arms in lawful self-defense.
22
REVERSED and REMANDED.
Posted on 2/13/14 at 5:02 pm to BamaFan89
quote:
I believe the one for D.C. gives them a run for their money, but I think the 9th wins out as most liberal.
Hisotrically, the D.C. Circuit isn't bad. It's been dominated by republican appointees for a while, but that just changed with the nuclear option.
Posted on 2/13/14 at 5:04 pm to los angeles tiger
quote:
It was in a 2-1 decision so it wasn't full court
It will never be the full court like other circuits. When the 9th Circuit goes en banc, they randomly select 11 judges to act on behalf of the full court, because good luck ever trying to get all 29 judges in the room at one time.
quote:
the way the court is set up this was just a luck of the draw or they fought to get two judges they felt would side with them.
Always luck of the draw. You don't get to ever select the judges (or fight for particular ones to be on) the panel.
Posted on 2/13/14 at 5:10 pm to wickowick
quote:
That is perhaps debatable, but what is not debatable is that it is not the role of this Court [or ours] to pronounce the Second Amendment extinct.” Id. at 636. Nor may we relegate the bearing of arms to a “second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees that we have held to be incorporated 76into the Due Process Clause.”
Posted on 2/13/14 at 5:43 pm to BamaFan89
quote:
9th Circuit strikes down California's restrictive rule against licensed carry
Posted on 2/14/14 at 10:30 am to Sentrius
quote:
Isn't that the most liberal circuit in the country?
If so, that's really encouraging.
Don't start thinking the Ninth Circuit may start ruling correctly on everything now.
All this proves is that the adage, "Even a broken clock tells the correct time twice a day" is correct.
This post was edited on 2/14/14 at 10:39 am
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