Federal Court Declares All Citizens Have The Right To Carry

[DoD1776]

https://tribunist.com/news/federal-court-declares-all-americans-have-the-right-to-carry-a-firearm/

Only citizens that shouldn’t have right to carry are violent felons. IMO

 

[Deplorable Me]

We're oppressed subjects in NY under Prince Putz Andy.

 

[DavidJ]

Does this mean in NY we would be allowed to Open carry now ??? I'm confused as to what the ruling means.

 

[Phazer]

So... this court is only just getting around to reading the Second Amendment?

Better late than never.

 

[DavidJ]

I will have to talk to a lawyer but my Wife was denied her restrictions to be lifted. Based on this ruling if she sued she would win as in NY you can't open carry and if she can own a pistol but not carry it NY is violating her rights.

 

[ManrisFrack]

Right now this decision only applies in the 9th Circuit (left coast). You'd be able to cite this decision to support your case but it isn't binding here and you would most certainly lose. They'll have to win with SCOTUS for it to apply to NY. This is how I understand things, but I'm not a lawyer.

 

[2WheelGnnr]

it helps set a precedent doesnt it...but again...we are NY dreamers?!

it something about a state should not be able to deny both concealed or open carry.....maybe only 1 method from reading the quick excerpt I read.

 

[dwa12479]

Does this mean in NY we would be allowed to Open carry now ??? I'm confused as to what the ruling means.

No, NY is under the thumb of the 2nd Circuit. Only a ruling by them or SCOTUS would apply to us.

This ruling helps us indirectly though. When there are disagreements among all all the different Circuits, that's usually the time SCOTUS should step up and take a case to settle it all. The court makeup hasn't necessarily been in our favor... but I feel like that's about to change once Kavanaugh gets in and if we can get RBG to exit and Trump gets a 3rd nomination.

 

[Podmonkey]

So if Kavanaugh gets confirmed will it be time to get after it? Will SCOTUS get of its ass and hear these cases? I sense a shifting momentum here. Strike while the iron is hot!

 

[RBean]

The decision only applies in the 9th Circuit. Probably will be reversed in an en banc hearing. Before the whole court. Still more liberals than conservatives on the Court. Trump has appointed one judge to the 9th and another is pending. If reversed en banc the plaintiff can appeal to the Supreme Court. If Kavanaugh is on the bench then, they would probably take the case. Then it would apply nationwide if the ruling goes our way.

If this decision is not reversed, I doubt the state would appeal to the Supreme Court because they don't want an bad (for them) precedent. In Moore v. Madigan (the Illinois carry case) the state lost and didn't seek writ. Same with the DC carry case. DC didn't seek a writ.

We are better off in NY if case is reversed and plaintiff's seek a writ in the Supreme Court. I think they would take it now and declare "may issue" permit schemes unconstitutional. Unless the state allowed open carry, which NY certainly does not.

 

[RBean]

Right now the 9th, 7th and DC circuits have ruled that there is a constitutional right to carry in public, either concealed or open, one are the other, depending. The 2nd, 3rd, 4th and another, don't remember ruled no such right. To them the word "bear" in the 2nd does not mean anything.

 

[wtb12ga]

(Duncan v Xavier, California)Decision here: https://cdn.ca9.uscourts.gov/datastore/memoranda/2018/07/17/17-56081.pdf

Not only is this 9th circuit, it's affirming a preliminary injunction. As it says, "We do not `determine ultimate merits'". Winning a preliminary injunction is always a good sign because you need to convince the court that you are likely to prevail, but it's only preliminary. It may or may not be reviewed en banc. It almost certainly will not be reviewed by SCOTUS, until there is a final judgment and order that is appealed up through the 9th circuit.

EDIT: that's actually a very recent decision on standard capacity magazine size ban.

This is the decision, Young v. Hawaii: http://cdn.ca9.uscourts.gov/datastore/opinions/2018/07/24/12-17808.pdf

Still reading it. Both of these are huge news and big wins. Seems likely SCOTUS will take it after Kavanaugh is confirmed.

 

[Blimey]

Does this mean in NY we would be allowed to Open carry now ??? I'm confused as to what the ruling means.

No. Second amendment doesn’t apply in NY.

 

[Acer-m14]

Only citizens that shouldn’t have right to carry are violent felons. IMO

but they do carry and kill again ... pass a law for it ?? or pass guns for all ( remove all gun laws ) ..
deal with the crime .. not the item used ..
no plea , no bail , bye bye long time .

think really good on the law you would write sir .. lets see it ..

@Dayten .. change my mind

PS .. i forgot to mention the Illegals here in the USA in the above ..

 

[Acer-m14]

Still reading it. Both of these are huge news and big wins. Seems likely SCOTUS will take it after Kavanaugh is confirmed.

and one more needs to go would the best before it gets there

 

[DoD1776]

but they do carry and kill again ... pass a law for it ?? or pass guns for all ( remove all gun laws ) ..
deal with the crime .. not the item used ..
no plea , no bail , bye bye long time .

think really good on the law you would write sir .. lets see it ..

@Dayten .. change my mind

PS .. i forgot to mention the Illegals here in the USA in the above ..

They don’t always end up getting guns, but we can make it official for them not to buy a gun. Yes they’ll probably get one illegally but make it official.

 

[Acer-m14]

They don’t always end up getting guns, but we can make it official for them not to buy a gun. Yes they’ll probably get one illegally but make it official.

dayten whats the difference .. if someone shoots with a gun .. you dead .. .. or someone stabs you with a spork 30 times and your dead .. ??

buying one or stealing one .. oxymoron .. they still got one

 

[DoD1776]

dayten whats the difference .. if someone shoots with a gun .. you dead .. .. or someone stabs you with a spork 30 times and your dead .. ??

buying one or stealing one .. oxymoron .. they still got one

But some might not take the risk of illegally obtaining one.... like if abortions were banned some won’t get them. If guns were banned some law abiding citizens might not go and get a gun illegally... but why let a felon get a gun from the store legally? Why let someone who is mentally ill and unstableget a gun from a store legally...

 

[BDinPutnam]

Convicted felons are already barred from buying firearms as "prohibited persons" under the GCA....

 

[Mosinitis]

It used to be only violent felons were prohibited people. Now it is ALL felons and some misdemeanor convictions. The threshold for becoming a felon is getting lower and lower. Martha Stewart is a prohibited person for lying to the people who were on a witch hunt.

 

[@thewheels]

Convicted felons are already barred from buying firearms as "prohibited persons" under the GCA....

And any failure here is not on gun owners. If a felon manages to dribble through a bgc at an LGS, the fail falls on the feds and/or the state. If THEY did what the law required, there wouldn't be any felons getting guns through legal channels.
We have to abide by the law but somehow the feds and states get a pass on their requirements.

 

[@thewheels]

It used to be only violent felons were prohibited people. Now it is ALL felons and some misdemeanor convictions. The threshold for becoming a felon is getting lower and lower. Martha Stewart is a prohibited person for lying to the people who were on a witch hunt.

3 felonies per day...

 

[Acer-m14]

If guns were banned some law abiding citizens might not go and get a gun illegally... but why let a felon get a gun from the store legally?

why not ..?? why punish me for him/her being a felon and buying one .. punish him when he gets busted AGAIN and bye bye bye long time ..

these known ( and yes a lot are known repeaters ) .. in and out , in and out .. THAT!!! needs to STOP ASAP!! ..

the yellow ... you sure on that Dayton ... you know how many boating accidents happened when un-safe act was put on us law abiding citizens ..
what oath did you just take

 

[Marine Cpl]

Violent felons that the establishment feels are not safe to own a gun shouldn't be let out. They could still commit violence against the public with a gun obtained illegally, a knife, a car, or anything else. It happens every day.

If I was hypothetically a violent felon and wanted a gun, I would obtain one illegally by casing an open carrier and bashing him over the head with a pipe when he least expects it and taking it from him. It has happened numerous times already.

If guns were banned as a law abiding citizen, I would just make one or dig up the one I had buried somewhere after they banned them.

 

[DoD1776]

why not ..?? why punish me for him/her being a felon and buying one .. punish him when he gets busted AGAIN and bye bye bye long time ..

these known ( and yes a lot are known repeaters ) .. in and out , in and out .. THAT!!! needs to STOP ASAP!! ..

the yellow ... you sure on that Dayton ... you know how many boating accidents happened when un-safe act was put on us law abiding citizens ..
what oath did you just take

I should SOME. Not all lol

 

[Saltwater60]

So... this court is only just getting around to reading the Second Amendment?

Better late than never.

Liberals are not good at reading comprehension. I just had a Twitter fued with one claiming that I said this. I said if you could read/understand this is what I said. He kept on for about 4 more replies. Finally told him to F off.

 

[Phazer]

Violent felons that the establishment feels are not safe to own a gun shouldn't be let out. They could still commit violence against the public with a gun obtained illegally, a knife, a car, or anything else. It happens every day.

If I was hypothetically a violent felon and wanted a gun, I would obtain one illegally by casing an open carrier and bashing him over the head with a pipe when he least expects it and taking it from him. It has happened numerous times already.

If guns were banned as a law abiding citizen, I would just make one or dig up the one I had buried somewhere after they banned them.

The problem is that the Left considers ALL constitutionalists, non-Socialists, and anti-totalitarians to be "violent felons." They demonize us on television. They malign us in the movies. They slander us in the press. With that case "made," they know that they, in their echo chambers, are justified in disarming us.

 

[Grimscale]

So have they explained how a violent felon is getting an illegal gun in prison?


Wait, they aren't IN prison?

Well, who the hell is responsible for that????????