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9th Circuit Court of Appeals rules concealed carry is not a Constitutional right

June 9, 2016

 Earlier today, apparently not understanding the term shall not be infringed, the 9th Circuit Court of Appeals ruled that concealed carry is not a right guaranteed under the Second Amendment of the United States Constitution. Here is more: 

A federal appeals court in San Francisco ruled Thursday that people do not have a Second Amendment right to carry concealed weapons in public, in a sweeping decision likely to be challenged by gun-rights advocates. 

An 11-judge panel of the 9th U.S. Circuit Court of Appeals issued the 7-4 ruling, upholding a state law requiring applicants to show “good cause,” such as a fear of personal safety, to carry a concealed firearm. 

The judges, further, definitively dismissed the argument that a right to carry a concealed weapon was contained in the Second Amendment.

“We hold that the Second Amendment does not preserve or protect a right of a member of the general public to carry concealed firearms in public,” Judge William Fletcher wrote in the majority opinion. 

    Personal safety is ALWAYS a “good cause” and should need no further explanation or justification…

  Back in 2008, in the District of Columbia v Heller decision, the Supreme Court ruled that the Second Amendment applied to all individuals and did not only apply to militias, but the scary part of that decision was that it was only by a 5-4 margin. The Supreme Court nearly ruled that the Second Amendment was not an individual right.

  This new decision is likely headed to the Supreme Court and with Antonin Scalia’s replacement most likely being nominated by either Barack Obama or Hillary Clinton it would appear as if this decision will be upheld by the Supreme Court. As far as the possibility of Donald Trump choosing Justice Scalia’s replacement; despite the recent list of potential justices the billionaire businessman released in order to ease the minds of conservatives, based on his past statements on the Second Amendment I simply do not trust him to make the right choice.

  This is troubling news to say the least…

malo periculosam libertatem quam quietum servitium

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17 Comments leave one →
  1. June 9, 2016 9:33 pm

    From wikipedia:

    “However, through 2008, the Ninth Circuit Court’s rulings reviewed by the Supreme Court were affirmed only 20% of the time and reversed and or vacated 80% of the time; a rate substantially higher than the median reversal rate of 68.29% for the same period.”

    And from National Review.

    “But in 2010, perhaps seeking to reclaim its position at the top of the heap, the Ninth Circuit was reversed a startling 19 times (79 percent), three times as many reversals as most circuits had cases before the Supreme Court. The same pattern continued in the 2011 (71 percent) and 2012 terms (86 percent), when the Ninth Circuit was reversed more than twice as many times as most circuits had cases before the Court.”

    The Constitution written by a bunch of dead racist white men [sarc]

    Read more at: http://www.nationalreview.com/bench-memos/373273/ninth-circuit-leading-pack-most-reversed-jonathan-keim

    Liked by 1 person

    • June 10, 2016 5:25 am

      Unfortunately that could be about to change with Scalia gone…

      Like

  2. Dr. Jeff permalink
    June 9, 2016 11:12 pm

    That’s our 9th Circuit Court. The 2nd Amendment states the right “…to keep AND BEAR arms…. Very simple language.

    With the clause about “…well regulated militia…”, there is enough room to argue if it’s an individual right or a collective right, but that’s been decided.

    Since the right to keep arms has now been confirmed by the Supreme Court, how can there be any way to deny the right to bear arms?

    It clearly states “…the right to keep and bear arms shall not be infringed.” That makes it one right with two clearly stated aspects. One really doesn’t work without the other.

    God help us if Hillary beats Trump.

    I know that not everyone here trusts or likes Trump. I understand that and I understand where your misgivings come from. Trump is a crap shoot, but just imagine what life would be like with a President Hillary.

    Trump’s adherence to some of his campaign promises may be suspect, but with Hillary, we know exactly what type of ruthless, power mad, career criminal we’re dealing with.

    Liked by 1 person

    • June 10, 2016 5:26 am

      In my opinion the second amendment is more clearly defined than any of the others and yet it is the one more questioned by the left.

      Like

  3. June 10, 2016 7:12 am

    Hillary claims the Second is “nuanced.” I am sure her picks for the supremes will clarify the nuance.

    Liked by 1 person

    • June 10, 2016 7:17 pm

      We sure will! It won’t be nuanced when she is done with it…

      Liked by 1 person

  4. petermc3 permalink
    June 10, 2016 7:28 am

    With a 4-4 court we lose, with a Clinton appointed judge confirmed by the republican congress we lose. This is another shining example of the weakness of our system of judicial appointments for life. What the left continues achieving in the corrupting of the executive and judicial branches will soon spread to the legislative branch. As the left incrementally uses the constitution to turn on itself it reminds us what Stalin said years ago, paraphrasing, “The west will sell us the rope we will hang them with.

    Liked by 2 people

    • June 10, 2016 8:39 am

      The legislative branch is already corrupted! Paul Ryan, Nancy Pelosi, Chuck Schumer, Mitch McConnell lead a bunch of liars and scoundrels who don’t represent the people they represent the corporate elite.

      How many crony and unconstitutional pieces of legislation have to be passed before we realize we have been sold out. Most Americans think the the Constitution was written by a bunch of racist white men and it no longer speaks to today’s society.

      This election is the last chance to retain what our founders died for. Once Hillary is elected game over. There will be so many third world immigrant/illegal aliens the future of the U.S. Is doomed.

      Liked by 2 people

      • petermc3 permalink
        June 10, 2016 9:54 am

        Agreed CJ. Better stated I may have said soon the cingress will not ooerate under the guuse if following the law or the constitution. The other two branches are ” in your face” skirting the law with no oretense of not doing so. Congress is in the verge of total capitulation as the GOP falls into line with the democrats; completely, more than they already have.

        Liked by 2 people

      • June 10, 2016 7:21 pm

        I agree with you CJ, but I just do not trust Trump to be any better…

        Like

    • June 10, 2016 7:20 pm

      The theory behind the lifetime appointments was sound in its time (that if the judges did not have to worry about their future they would not be easily bribed and could be trusted) but I am not sure that is the case any more…

      Like

  5. June 10, 2016 5:13 pm

    I was thinking that this decision was unconstitutional and should be overturned. Then I got to thinking. Maybe it is correct. Before I you get out the flamethrowers, let me explain what I mean. 🙂

    In my state, in order for me to carry, I have to have a LTCH (license to carry handgun). If I don’t have one, I am highly restricted on how I can transport. In other words, my right to carry in public places is already regulated. It does not matter that Indiana is a shall issue state, I still have to have that piece of paper to even conceal carry. Apparently, this has already been deemed constitutional.

    Unfortunately, this judges decision does seem to be consistent with precedent.

    Liked by 1 person

    • June 10, 2016 7:26 pm

      Here in New Hampshire you do not need a permit to open carry, you only need one to carry concealed and people go through a background check before being issued a CCW permit. While open carry is the law it is discouraged because it tends to lead to people calling the police even though people are following the law. Concealed carry is actually preferred because it leads to less hassles to law-abiding citizens.

      Like

      • June 11, 2016 12:33 am

        That ‘law-abiding citizens’ is the key!
        How many in the Gov. fall under that category?
        Recently watched the old B/W 1984 and was reminded how it depicted cultivating the ‘Hive mentality’ [lacking love and compassion/truth] the ‘collective’ and ‘idolizing’ (worshipping) of a man savior to control over them. In this world and the nature of mankind, those in power don’t want any ‘inconveniences’ (obstacles) to delay their ideal Utopia!

        Like

      • June 11, 2016 5:53 am

        That is a good question Zip, I don’t think many of them would. I haven’t seen the old B/W version of the movie but I have seen most of the newer one and you are right about it being all about group-think and cultivating the mind through endless indoctrination.

        Liked by 1 person

  6. June 11, 2016 12:45 am

    There really needs to be a voter test!

    Liked by 1 person

    • June 11, 2016 8:30 am

      Idiots!

      Like

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