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Author Topic: No Constitutional Right to Carry - 9th Circuit Court  (Read 6500 times)
Hawkeye
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« on: June 09, 2016, 11:19:57 AM »

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A divided federal appeals court in California ruled Thursday that there is no constitutional right to carry a concealed handgun, adding to a division among the lower courts on gun rights outside the home.

By a vote of 7-4, the 9th Circuit Court of Appeals in San Francisco upheld a California law that requires gun owners to show a good reason before they can get a license to carry a concealed handgun.

"The protection of the Second Amendment — whatever the scope of that protection may be — simply does not extend to the carrying of concealed firearms in public by members of the general public."

http://www.nbcnews.com/news/us-news/9th-circuit-court-appeals-says-no-right-concealed-gun-carry-n589041
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« Reply #1 on: June 09, 2016, 12:09:47 PM »

Shouldn't matter how you carry it,  it is your right to do so love how our courts love to twist up the law to meet their own agendas.
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« Reply #2 on: June 09, 2016, 12:19:09 PM »

Here is additional info on the subject:
http://www.theblaze.com/stories/2016/06/09/federal-appeals-court-second-amendment-doesnt-guarantee-right-to-concealed-carry/
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Just Bill
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« Reply #3 on: June 09, 2016, 03:50:26 PM »

Would you expect anything less from the 9th circus ct.Huh  However, the balance in the Supreme Court has shifted considerably, we should be worried!!
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« Reply #4 on: June 09, 2016, 06:51:19 PM »

They all need to be fired.  I love how they just decided to interpirt the constitution how they wanted it to be.  Always wanted to see Cali untill I started carrying and learned of their stance on guns. 
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« Reply #5 on: June 10, 2016, 05:34:23 AM »

No chance of those judges being fired, but hopefully their ruling will be overturned as usual. As I understand it, we here in Delaware are not bound by their ruling as we are not in the 9th circus...I mean circuit . I will be going out as usual conceal carrying like always. Hope this doesn't interfere with current applications here in DECCW land.
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« Reply #6 on: June 10, 2016, 11:24:03 AM »

This may end up at the U.S. Supreme Court. One more reason Hillary can not be allowed to win.
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« Reply #7 on: June 11, 2016, 04:46:37 AM »

This may end up at the U.S. Supreme Court. One more reason Hillary can not be allowed to win.
Bingo!
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« Reply #8 on: July 16, 2016, 10:55:22 AM »

Quote
A divided federal appeals court in California ruled Thursday that there is no constitutional right to carry a concealed handgun, adding to a division among the lower courts on gun rights outside the home.

By a vote of 7-4, the 9th Circuit Court of Appeals in San Francisco upheld a California law that requires gun owners to show a good reason before they can get a license to carry a concealed handgun.

"The protection of the Second Amendment — whatever the scope of that protection may be — simply does not extend to the carrying of concealed firearms in public by members of the general public."

http://www.nbcnews.com/news/us-news/9th-circuit-court-appeals-says-no-right-concealed-gun-carry-n589041
You should fix this thread's title/subject line: CA9 said no right to concealed carry, not no right to carry at all.

This ruling by CA9 covers more than just California:
« Last Edit: July 16, 2016, 10:57:39 AM by Paladin4CA » Logged

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« Reply #9 on: December 16, 2016, 12:24:58 AM »

Just an update on Peruta. I'll skip the details.

Our side has until Jan 12th to ask SCOTUS for cert. Trump gets sworn in on the 20th. SCOTUS is still 1 justice short. Even w/a new, pro-RKBA justice, SCOTUS may deny Peruta cert, just like they've done w/all the other Carry cases when Scalia was alive. We need to replace an anti justice w/a pro before they'll grant cert to a Carry case. Ginsberg and Kennedy are, IMO, the most likely to go first. Kennedy was on our side in Heller and MacDonald, but we think he switched against Carry (and probably Roberts too). Fortunately, there are several more Carry cases (OC and CC) working their way up the fed cts around the nation so that when we do have a pro-RKBA majority, we'll have cases ready for them to hear. But unless an anti retires or dies very soon, Peruta will probably be denied cert.

In the mean time, Nat'l Recip should keep the antis on their heels....
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« Reply #10 on: January 12, 2017, 09:39:06 PM »

Today the NRA & CRPA (NRA's CA state affiliate) filed a cert. request with SCOTUS.

Quote
NRA and CRPA Petition United States Supreme Court to Hear Peruta v. County of San Diego
 
 On Thursday, January 12, NRA and CRPA attorneys submitted a petition to the United States Supreme Court to review the NRA and CRPA supported case of Peruta v. San Diego. The case made history in 2014 when a 3-judge panel of the Ninth Circuit held that the San Diego County Sheriff’s restrictive “good cause” policy for the issuance of a concealed carry license violates the Second Amendment. But shortly after that decision, the Ninth Circuit took the rare step of deciding to rehear the case by an 11-judge “en banc” panel who overturned the 3-judge panel opinion last June. The Petition explains it all. Give it a read!

But now the tides have changed. As a result of the NRA’s efforts in the November election, there has never been a greater opportunity to protect the right to keep and bear arms in California and throughout the United States. And with President-elect Donald Trump set to nominate at least one if not several pro-gun judges to the Supreme Court, NRA and CRPA are working hard to make “shall-issue” a reality in California. In addition, several new NRA/CRPA lawsuits will soon be launched against Proposition 63 and the seven new “Gunmageddon” anti-gun bills signed into law this past year.

It takes great resources to fight for our rights in the courts. So please make a generous tax-deductible donation to the CRPA Foundation to help finance the Peruta case and soon to be filed lawsuits. And consider joining the CRPA, the NRA’s official state association, if you aren’t already a member. NRA and CRPA are working closely together to do great things in California.

Your tax-deductible donation to the CRPA Foundation will help us win these battles!
Please stand with the NRA and CRPA as we work to capitalize on the tremendous victory in the presidential election and preserve our right to keep and bear arms for generations to come!

To learn more about the CRPA Foundation, visit the website.

You can also learn more about the Peruta case by watching this video, and by reading this article from NRA’s America’s 1st Freedom.
There are various links, incl to the cert. petition, embedded in the original at:
http://us5.campaign-archive1.com/?u=10f1b2be1fbee7acd9ac7bb79&id=fa2a508070&e=7f0381ea75
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« Reply #11 on: January 13, 2017, 08:02:01 AM »

We in Delaware are not covered by the 9th Circuit Court. That is west-coast territory.
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I'D RATHER HAVE A GUN IN MY HANDS, THAN A COP ON THE PHONE!

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MarkB
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« Reply #12 on: January 13, 2017, 10:24:07 AM »

I believe a national reciprocity law would over-rule this judgement.
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« Reply #13 on: January 13, 2017, 11:05:00 AM »

It would have to go to the SCOTUS. That is why it is so important for Trump to get a Conservative Pro-2nd Amendment Judge appointed and confirmed on the SCOTUS.
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I'D RATHER HAVE A GUN IN MY HANDS, THAN A COP ON THE PHONE!

I reserve the right to not be perfect.

PROTECT THE 2ND AMENDMENT!

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Paladin4CA
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« Reply #14 on: January 13, 2017, 11:09:17 AM »

We in Delaware are not covered by the 9th Circuit Court. That is west-coast territory.
Roll Eyes

(1) Um, yeah, that's why this thread is in: "NRA & National Gun News: Gun news from the NRA & around the US"

(2) Even still, while the decision of the CA9 en banc panel may not be controlling authority over you, you can be sure it will influence judges with authority over you. If carry comes up in litigation in CA3 or DE state courts, the CA9 en banc decision will be addressed by those judges in their opinion.

(3) Besides all of that, if Peruta is granted cert. by SCOTUS (which was requested yesterday), they DO have authority over DE.
« Last Edit: January 13, 2017, 11:18:45 AM by Paladin4CA » Logged

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