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9th Circuit Court rules 2nd Amendment does not guarantee right to open carry

March 24, 2021

It looks like the 9th Circuit Court of Appeals is at it again, this time the liberal court has ruled that the Second Amendment does not guarantee the right to open carry. Here is more:

The 9th Circuit Court of Appeals upheld a Hawaii gun regulation, ruling Wednesday that states can restrict the right to openly carry a firearm in public.

The 7-4 decision said restrictions on carrying guns in public do not fall within the scope of what is protected by the Second Amendment.

“The government may regulate, and even prohibit, in public places – including government buildings, churches, schools, and markets – the open carrying of small arms capable of being concealed, whether they are carried concealed or openly,” Judge Jay Bybee wrote for the majority.

“We have never assumed that individuals have an unfettered right to carry weapons in public spaces,” the majority ruled. “Indeed, we can find no general right to carry arms into the public square for self defense.”

“The en banc court held that the Second Amendment does not guarantee an unfettered, general right to openly carry arms in public for individual self-defense. Accordingly, Hawaii’s firearms-carry scheme is lawful.”

I would argue that the words “shall not be infringed” are pretty clear and yes, those words do guarantee an “unfettered, general” right to openly carry firearms, in fact it is a radical interpretation to decide otherwise.

Donald Trump had made some progress remaking the lower courts but it is clear the job was not completed before he was voted out of office and now this signals what we can expect in the lower courts with Joe Biden picking the nominees, and also what type of laws we can expect the Congress to pass. Even if this decision is overturned the onslaught from the Federal Government is just beginning.

malo periculosam libertatem quam quietum servitium

18 Comments leave one →
  1. nrringlee permalink
    March 24, 2021 7:01 pm

    Uninfringed. That is the operative word. The time to water the tree of liberty draws near.

    Liked by 3 people

    • March 25, 2021 6:38 pm

      They get the guns back bullets first…


      • March 28, 2021 10:52 am

        Yes, they always chip away at our rights until nothing is left and/or they have their agenda in place. I beg to differ, though, about Trump being “voted out of office” as I am true believer in the widespread fraud that did indeed steal the election.

        Liked by 1 person

  2. Dr. Jeff permalink
    March 24, 2021 8:20 pm

    Added to the Biden admin’s new push for gun control this is the top of the Oh Shit scale.

    The first targets will obviously be the AR-15/AK47 clones, the question is what comes next? These people have no intention of stopping until there is no civilian ownership of firearms.

    The gun grabbers think the 2nd Amendment applies only to flintlock muskets.

    Britain had very rigorous regulations for owning and storage of firearms, but you could still enjoy some decent firearms if you passed all the tests. Then one day a bad guy slips through all the cracks and all the neatly and carefully licensed and stored firearms were confiscated. I understand that you could have it back after it was rendered permanently inert.

    Forget approaching the slippery slope, we’re on it right now.

    Time to send a couple of dollars to the gun rights organization of your choice. War has been declared.

    Liked by 2 people

    • March 25, 2021 6:40 pm

      You know the “assault weapons” are just the beginning, then comes the “high capacity” magazines, and taxing the ammo until it is unaffordable. And it just keeps going on from there a little at a time.


      • Dr. Jeff permalink
        March 25, 2021 8:26 pm

        Keep your eye out for a California style licensing scheme for ammo. If you don’t already reload your own ammo, get the equipment and supplies as soon as you can.

        Even if the laws don’t get weird, it’s always nice having your ammo exactly as you want it.

        Liked by 1 person

      • March 26, 2021 5:04 am

        I wish I started reloading years ago!


      • Dr. Jeff permalink
        March 26, 2021 3:23 pm

        To learn the basics and get some idea what you can do, get one of the reloading manuals by any of the major bullet or powder suppliers. Personally I have the Speer (old), Lyman (very old) and Hornady (new) books as well as data sheets (loads only) from several others. You’ll find the older manuals show larger charges than the new ones – attorneys at work. I’ll recommend the hardcover books over the electronic versions.

        Here is a selection from Brownells

        …and you can also get a lot of info from several web sites, here’s Hornady’s

        For equipment, RCBS is good value and Dillon excellent, but pricey. All of the major manufacturers make good stuff, but specific features vary. Don’t worry about fancy stuff like electronic scales or powder tricklers, go with the basics. For the components there are several internet sellers (Graf and Sons is a fav), but I recommend the local store or gun show for primers and powders (haz mat fees).

        Good luck. It’s kinda nice rolling your own.

        Liked by 1 person

      • March 26, 2021 7:15 pm

        My dad used to reload when I was a kid but he stopped long ago. Thanks for that info, I think it is time to start looking into it.

        Liked by 1 person

    • March 28, 2021 10:54 am

      I’ve decided to join the NRA and support them for the very reasons you state. There is not a minute to waste.

      Liked by 1 person

  3. hocuspocus13 permalink
    March 24, 2021 9:03 pm

    …are we awake yet people? 👀

    Liked by 3 people

  4. March 25, 2021 11:42 am

    We are on the same page but from a different angle today’s posts…. disturbing because if en banc then it was the whole court that means maybe some of the Trump picks must have swung over. Going to check it out. I thought he had turned the 9th

    Liked by 2 people

    • March 25, 2021 6:42 pm

      The 9th started making some decisions that indicated it was turning but then it still reverts back on some things. This one is really disappointing, there is still work to be done but when Biden gets done with the courts it will be a tough task.

      Liked by 1 person

  5. March 25, 2021 3:36 pm

    So much for the Constitution…
    If they don’t follow it, then why should we?
    Asking for a friend now!!

    Liked by 2 people


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