[Rushtalk] U.S 9th Circuit rules Open-Carry is a Constitutional RIGHT
cwsiv at juno.com
Fri Sep 14 16:45:02 MDT 2018
Wow the Democrat really hit the fan.
Liberal Ninth Circuit Says Open-Carrying A Gun Is A Constitutional
July 24, 2018 By Bre Payton The ultra-liberal and frequently overturned
U.S. Court of Appeals for the Ninth Circuit just ruled that the Second
Amendment protects one’s right to carry a gun openly outside of the
“We do not take lightly the problem of gun violence,” the majority
opinion in Young v. Hawaii reads. Here’s more, emphasis added.
For better or for worse, the Second Amendment does protect a
right to carry a firearm in public for self-defense. We would
thus flout the Constitution if we were to hold that, ‘in
regulating the manner of bearing arms, the authority of [the
State] has no other limit than its own discretion.’ Reid, 1 Ala.
at 616. While many respectable scholars and activists might find
virtue in a firearms-carry regime that restricts the right to a
privileged few, ‘the enshrinement of constitutional rights
necessarily takes certain policy choices off the table.’
You can read the whole thing here.
Citing Peruta v. County of San Diego, the court also stated that the
Second Amendment does not protect the right of a citizen to carry a gun
concealed — a tension that will eventually need to be resolved in
another case. Charles Cooke, of National Review has more:
Unless the panel’s decision is reversed en banc, the two
decisions will have to be reconciled. When that happens, it
seems most likely either that (a) the court will strike down the
open carry bans in Hawaii and California, or (b) the court will
adopt the argument, presented by the plaintiffs in Peruta, that
a state can choose to ban either open or concealed carry, but
could not prohibit both. Watch this space.
The fact that an ultra-liberal court affirmed Americans’ right to openly
carry a handgun is a huge win for all Americans, even if the court is
dropping breadcrumbs they hope the U.S. Supreme Court picks up to
ultimately restrict gun rights nationwide.
Bre Payton is a staff writer at The Federalist. Follow her on Twitter.
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