Displaying items by tag: 9th Circuit Appeals says no concealed carry
9th Appeals rules "bear arms" doesn't mean "carry" in a tricky election year way
There has been an enormous amount of discussion about yesterday's 9th Circuit of Appeals' ruling that concealed carry is not a Constitutional Right.
This Forbes article pretty much summarizes it: http://www.forbes.com/sites/frankminiter/2016/06/10/why-the-ninth-circuits-concealed-carry-gun-ruling-is-nonsense/#294716b38b92j
But I do have a few additional thoughts, I will be brief...
The 9th Circuit of Appeals has NEVER been friendly towards firearms. This ruling was clever at best. They didn't look whether "bearing" arms was possible they looked specifically (at the State's request) at "concealed carry."
And on "concealed carry" alone is how they made their ruling. The 2nd Amendment doesn't say anything about "concealed carry" does it? In order to do that they wore their tunnel vision goggles.
The ruling makes no sense if you look at the fact that "open carry" is illegal or requires - you guessed it - a permit. So, essentially there is no way to actually "bear arms" in public in CA. However, they didn't look at that issue. They claimed that issue has to be litigated separately, full well knowing that is virtually impossible. A person would have to prove that they were directly impacted by the open carry laws in order to even have legal standing. Remember only one plaintiff in Heller ended up passing the legal standing test.
What no one seems to be saying is that this ruling is politically driven. In my opinion, it most surely is:
We have a major candidate that when asked about the 2nd Amendment, she answers "IF it is a Constitutional Right...."
We have DNC rule makers saying that "no one" should have a gun (http://townhall.com/tipsheet/katiepavlich/2016/06/09/woman-shaping-democrat-platform-nobody-should-have-a-gun-n2175750)
I am seeing more and more articles about Heller being attributed to Justice Scalia and how the Supreme Court can be reshaped by the next president...
Heller is done. The Right to Keep and Bear Arms has been settled by the Supreme Court. BUT...
DC residents still fight to obtain firearms and get a license to carry it, or even keep it assembled in their own homes.
And now the 9th Circuit defies SCOTUS in an election year? Coincidence?
Think about it.
Addendum
As a side-note the ruling doesn't really impact states that are already 'shall issue.' It, however, really impacts discretionary (may issue) states where there is a fight to get a CCW.
At least one Sen. (WA) is already trying to capitalize on the media attention to restrict CCW licenses: http://q13fox.com/2016/06/09/washington-state-lawmaker-ruling-opens-door-to-limit-concealed-gun-permits/
I doubt this is the first time he has tried this.
