9th circuit rules for open carry

[Rethin]

U.S. appeals court: Constitution gives right to carry gun in public

Note this is not binding here in the 2nd. But this could very easily go to scotus in the next year or two.

Hawaii will almost certainly ask for a stay while this is appealed en banc. It has very slim chances of surviving enbanc in the 9th. But young would then be in a position to appeal to scotus.

 

[BDinPutnam]

WTF?!

9th circuit rules in favor of 2A?

What's next, democrats demonizing Russia while republicans fawn over them?

We are clearly WAY through the looking glass, people.

 

[Rethin]

The 9th ruled in our favor for peruta. But that was overturned en banc and scotus declined to hear it

 

[VietnamEraVet]

U.S. appeals court: Constitution gives right to carry gun in public

Note this is not binding here in the 2nd. But this could very easily go to scotus in the next year or two.

Hawaii will almost certainly ask for a stay while this is appealed en banc. It has very slim chances of surviving enbanc in the 9th. But young would then be in a position to appeal to scotus.

I have no doubt that Hawaii will appeal for an en banc hearing on this in the 9th, as well as a stay, - and that the 9th en banc will overturn this 3 judge ruling. Hopefully, by the time it gets to SCOTUS, Kavanaugh is in place, AND, hopefully Roberts doesn't sell us out and act like a weasel.

 

[ProgSpear]

AND hopefully Notorious RBG opens an additional originalist slot.

 

[ProgSpear]

Reuters is completely unbiased in their "reporting" also. (emphasis added)

"The extent of the right to gun ownership protected by the Second Amendment is one of the most hotly contested debates in the United States, where life has been punctuated by a steady stream of mass shootings."

 

[prambo]

Reuters is completely unbiased in their "reporting" also. (emphasis added)

"The extent of the right to gun ownership protected by the Second Amendment is one of the most hotly contested debates in the United States, where life has been punctuated by a steady stream of mass shootings."

Dear Reuters,

 

[SomeSoldier]

I was just about to post this. What is their game. They are doing something underhanded or planning to pull the rug out.

 

[Airborneguy]

Elections matter. Now that Kennedy is gone, it's time to push these cases to SCOTUS.

 

[Mr. terzmo]

Open carry....across State lines ??

 

[VietnamEraVet]

Open carry....across State lines ??

It seems to me that until some kind of a stay is in place, that Open Carry is now legal in the states covered by the 9th Circuit, which includes HI, CA and several others.

Time to strap it on and carry proudly in San Francisco and Waikiki Beach, and rub it in their god damn faces!

 

[Rethin]

It seems to me that until some kind of a stay is in place, that Open Carry is now legal in the states covered by the 9th Circuit, which includes HI, CA and several others.

Time to strap it on and carry proudly in San Francisco and Waikiki Beach, and rub it in their god damn faces!

That would be very bad. Please don't try that.

This ruling has invalidated no laws. It reverses a dismissal by the district court in Hawaii that refused to even review the merits of the case. It has been remanded back to hawaii for another go in the district court.

 

[VietnamEraVet]

That would be very bad. Please don't try that.

This ruling has invalidated no laws. It reverses a dismissal by the district court in Hawaii that refused to even review the merits of the case. It has been remanded back to hawaii for another go in the district court.

Haven't read it yet, guess I will now. What is this remand shit? Ugh!

 

[ArmedCorgi]

It seems to me that until some kind of a stay is in place, that Open Carry is now legal in the states covered by the 9th Circuit, which includes HI, CA and several others.

Time to strap it on and carry proudly in San Francisco and Waikiki Beach, and rub it in their god damn faces!

You probably knew this already, but you should be good to go open carrying in North Carolina. I'd still go for their concealed carry permit though, since I think it lets you bypass NICS.

 

[VietnamEraVet]

You probably knew this already, but you should be good to go open carrying in North Carolina. I'd still go for their concealed carry permit though, since I think it lets you bypass NICS.

I plan to keep my NY Unrestricted CCW, and since I have my PA and FL permits, I believe I am OK to conceal carry in NC for now. The problem is that I need to change my residency to NC before I can apply for a NC carry permit which I am told takes about 6 months and requires a live fire course as well. Then, with an NC permit, I can carry in SC as well.

Also, I think you are correct on the NICS as well with a CCW permit in NC.

It is a bit of a pain all around. Give me HR38 please...

 

[RDN]

It’s the second time this month that the three-judge panel issued a pro-Second Amendment decision, after backing a lower court’s decision last week to suspend California’s ban on the possession of large magazines.

Once this case makes it to an en banc hearing, it will probably be a very different story. This must be decided by the SCOTUS ultimately.

 

[Jmac00]

Elections matter. Now that Kennedy is gone, it's time to push these cases to SCOTUS.

not yet. wait for Kavanagh is seated, then for RBG to retire/die and we have a majority on the court, The Mid-term is more important than ever. if the GOP retains control, then trump can appoint another conservative and the democRATS will lose their collective minds and the SCOTUS and the country will be preserved for the next 40 to 60 years. If the GOP loses the Mid-terms, we could be in big trouble, as DemocRATS hate this country.

 

[livingston]

https://d3n8a8pro7vhmx.cloudfront.n...ung-v-Hawaii-Opinion-2018-7-24.pdf?1532452164

 

[nortatoga]

The 9th got this right! From Heller v DC a 1897 SCOTUS opinion Robertson v. Baldwin, 165 U. S. 275, 281 (1897),

 

[livingston]

Josh Blackman (@JoshMBlackman) | Twitter

David Lat‏Verified account @DavidLat 6h6 hours ago



David Lat Retweeted Josh Blackman

Read the whole thread by @JoshMBlackman, which provides a clear and concise summary of this notable #2ndAmendment ruling by the #9thCircuit (authored by my former boss, Judge O'Scannlain). #appellatetwitterhttps://twitter.com/JoshMBlackman/status/1021803353985179648 …

David Lat added,

Josh BlackmanVerified account @JoshMBlackman
1/ Divided 9th Circuit panel finds that 2nd Amendment "Second Amendment encompasses the right of a responsible law-abiding citizen to carry a firearm openly for self-defense outside of the home" 072418 9th Cir Young v Hawaii 2nd Amendment Decision … - J O'Scannlain & Ikuta in majorit…
Show this thread
1 reply 42 retweets 55 likes

 

[livingston]

 

[Mr. terzmo]

Laws on openly carrying firearms vary widely by state and type of gun. The most restrictive are California, which falls under the 9th Circuit's jurisdiction, 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.

Why is Newyorkastan left out ?

 

[VietnamEraVet]

Laws on openly carrying firearms vary widely by state and type of gun. The most restrictive are California, which falls under the 9th Circuit's jurisdiction, 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.

Why is Newyorkastan left out ?

And Hawaii, which has issued exactly 0.0 carry permits this century.

 

[kev74]

I have no doubt that Hawaii will appeal for an en banc hearing on this in the 9th, as well as a stay, - and that the 9th en banc will overturn this 3 judge ruling. Hopefully, by the time it gets to SCOTUS, Kavanaugh is in place, AND, hopefully Roberts doesn't sell us out and act like a weasel.

I'm not so sure Alito is in our corner either.

 

[MadScientist]

I'm not so sure Alito is in our corner either.

Congress has no authority to curb the sale of machine guns
In a controversial dissent in a 1996 case involving the sale and possession of machine guns, Alito argued that Congress had no authority to curb the sale - even of fully automatic machine guns - if they were not specifically involved in interstate commerce.
Samuel Alito on Gun Control

“it's important to revisit Associate Justice Samuel Alito's words from McDonald v Chicago (2010): “Individual self-defense is ‘the central component' of the 2nd Amendment right.”
Justice Alito: Self-Defense is 'The Central Component' of the 2nd Amendment
Idk I think he’d probably rule in favor of protecting our rights. He seems from other articles to join Thomas in complaining about the SC not taking up more 2A related cases

 

[RBean]

This was a good decision. I read the whole thing. Well, not the dissent. The state will ask for an en banc hearing. Who knows, miracles still happen. Remember the D.C. Circuit panel decision holding the DC may issue statute unconstitutional. Defendants asked for en banc, but didn't get it. Hence DC is now "shall issue". At least for residents who have gone through all their pistol licensing BS.

I think the en banc will be granted and the decision reversed and then appealed to the Supreme Court, that might actually take the case. And then the next case and so on until the 2nd is enforced. I may not live to see it but its coming. If we don't loose the mid terms. In which case the Dems will try to impeach Trump and then who knows, civil war, dissolution of the US??

There is enough difference between Hawaii's statute and NY's that NY will claim it is distinguishable and not applicable to NY. We are stuck with the Sullivan Law until it is specifically stricken down. Which I think it will be, especially if there is another retirement party at the Supreme Court.

 

[fartgamer]

You probably knew this already, but you should be good to go open carrying in North Carolina. I'd still go for their concealed carry permit though, since I think it lets you bypass NICS.

No NICS in NC with CHP. OC is legal, and you can carry with any other states permit but you cannot buy a handgun until you have NC residency.
You can buy handguns in NC without a CHP, you buy “coupons aka PP” from the Sheriff for $5 each.
A move to go Constitutional Carry is stalled in the legislature without a vote.

 

[camper4lyfe]

Laws on openly carrying firearms vary widely by state and type of gun. The most restrictive are California, which falls under the 9th Circuit's jurisdiction, 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.

Why is Newyorkastan left out ?

Because, in NY, you can openly carry a long gun.

 

[Mr. terzmo]

Because, in NY, you can openly carry a long gun.

Try that in the city...any city and see what happens

 

[Marine Cpl]

You are both right!