Ninth Circuit Holds Second Amendment Secures a Right to Carry a Gun

[Uno Mas SASS #80082]

Well, color me dipped in s....tuff.

Ninth Circuit holds Second Amendment secures a right to carry a gun -- in California!

The Ninth Circuit Court of Appeals, know colloquially as the Ninth Circus for their sometimes wildly progressive, oft overturned opinions, has held in Peruta v. County of San Diego that the Second Amendment trumps California concealed carry laws.

From The Volokh Conspiracy; "The court concludes that California’s broad limits on both open and concealed carry of loaded guns — with no “shall-issue” licensing regime that assures law-abiding adults of a right to get licenses, but only a “good cause” regime under which no license need be given — “impermissibly infringe[] on the Second Amendment right to bear arms in lawful self-defense.” "

Further analysis forthcoming, but... Wow.

[The Original Lumpy Gritz]

OFS!

 

LG

[Jittery Jim Jonah, SASS #64913L]

Damn u r quick!

 

I must be dreaming...... This throws the whole issue right in the face of all the gun grbbers.

 

Agencies in California can no longer deny CCW's to qualified persons 'just because'...... Los Angeles and Orange county Sheriff's must be livid... As well as the police chief in the city where I live!

 

I doubt the U.S. Supreme court will take the appeal.....

 

JJJ-D

:ph34r:

[Hardpan Curmudgeon SASS #8967]

Folks are probably hard at work in SF's City Hall writing up secession papers as we speak.

[Virgil Ray Hality, SASS# 37355]

More likely, they are taking note of Chicago's antics to attempt to place lots of hoops to jump through.

[Uno Mas SASS #80082]

It's likely that the next appeal will be held before 11 Ninth Circuit judges. Lunacy may again reassert itself. However, it looks almost certain that this issue will end up before the Supremes. Don't look for any coastal California CCWs before that.

[The Original Lumpy Gritz]

What folk don't understand, is that requiring a piece of paper to 'carry', IMHO is illegal to begin with.

I will say no more, as that will bring down 'The Wrath of Mo'

LG

[Red Gauntlet , SASS 60619]

127 pages worth of opinion and dissent! Great ruling!

[Buckhorn Bud]

Sure glad I live in Kern County. Not much problem getting a permit here. Now they even raised the 3 gun limit to 10.

[The Original Lumpy Gritz]

 

Sure glad I live in Kern County. Not much problem getting a permit here. Now they even raised the 3 gun limit to 10.

 

Bud-The limit is a state thing.

LG

[Hardpan Curmudgeon SASS #8967]

Bud-The limit is a state thing.

LG

 

I believe it's a county thing... I know people in counties with a 3-gun limit; our county limit seems to be based on space to type 'em in.

[The Original Lumpy Gritz]

Try'n to find out for sure--

LG

[The Shoer 27979]

OFS!

 

LG

 

Sorry Lumpy ya want to message me what that means please

 

 

Folks are probably hard at work in SF's City Hall writing up secession papers as we speak.

 

and the down side to that is ?????

[Badger Mountain Charlie SASS #43172]

Folks are probably hard at work in SF's City Hall writing up secession papers as we speak.

Maybe that wouldn't be ALL BAD, Hardpan.

[Hacker, SASS #55963]

Folks are probably hard at work in SF's City Hall writing up secession papers as we speak.

 

Big question is how many US Citizens would want to fight to keep the state of kalifornication in the union given the extreme views of many from that liberal state and specifically the pollution caused by their US senators and US representatives.

[Dusty Balz, SASS#46599]

Congrats California! First a Republican mayor and now a bit of freedom and liberty as it should be. I suspect the no good commies: feinswine, brown, boxer, pelosi and de leon are having a fit,

[Hardpan Curmudgeon SASS #8967]

Congrats California! First a Republican mayor and now a bit of freedom and liberty as it should be. I suspect the no good commies: feinswine, brown, boxer, pelosi and de leon are having a fit,

 

 

Now, that aside for a moment...

 

For a party who present themselves as "representing the less privileged," I'm totally dumbfounded how they can repeatedly re-elect the two most affluent, privileged, and out-of-touch women in the senate... from San Francisco and Marin County - two of the wealthiest and most snobbish enclaves in the US.

[Henry T Harrison]

Great step in the right direction and nature will soon take care of those old biddies Hang tough and together

[Yul Lose]

I used to have a CCW issued in San Diego county. I got it when the previous sheriff was in office and renewing it then was no big deal and then Republican Bill Gore got elected and he is no friend to gun owners, I soon found out. Anyone who has a CCW from this county knows what I'm talking about. To get a CCW in this county is nearly impossible. I surrendered mine because my wife and I felt that the personal information that they were asking for to renew the permit was none of their business. Needless to say when I had to travel to my remote mountaintop communications sites I went prepared, it's better to have it and not need it than need it and not have it. Fortunately I never needed it.

[Blackwater 53393]

OUTSTANDING!!

[The Original Lumpy Gritz]

 

Big question is how many US Citizens would want to fight to keep the state of kalifornication in the union given the extreme views of many from that liberal state and specifically the pollution caused by their US senators and US representatives.

You know-----With all the trash of late, that has come from Colorado(my home state, BTW)and the "pollution" against the 2nd amendment from the same, along with the recalled politicians.

Maybe you should not be throwing any 'stones' at others. Till your 'house' is 'clean' .

 

LG

[Subdeacon Joe]

 

Big question is how many US Citizens would want to fight to keep the state of kalifornication in the union given the extreme views of many from that liberal state and specifically the pollution caused by their US senators and US representatives.

 

Well, if we could keep the liberal riff-raff from other states out, it wouldn't be too bad.

[High Sierra]

 

Well, if we could keep the liberal riff-raff from other states out, it wouldn't be too bad.

If that aint the truth.They are everywhere now. What a mess.

 

HS

[Buckhorn Bud]

 

Well, if we could keep the liberal riff-raff from other states out, it wouldn't be too bad.

 

Many of them aren't even from any state.

[Subdeacon Joe]

I'm seeing a trend, I think. Of 5 news articles I have seen on this that have a photo of a firearm, all 5 have shown revolvers rather than the usual photo of a pistol.

Foreshadowing of the next evil, scary gun to be targeted for a ban?

[Forty Rod SASS 3935]

 

Big question is how many US Citizens would want to fight to keep the state of kalifornication in the union given the extreme views of many from that liberal state and specifically the pollution caused by their US senators and US representatives.

Is that the marijuana talking? You don't hear many of us bashing your state.....though there is beaucoup provocation and plenty of targets of opportunity.

[Loophole LaRue, SASS #51438]

Looked out the window and saw a pig fly by.......change is in the air, I hope.

 

Congrats, Californians; you may yet be known again as a free State!

 

And send a little of that inclination in this direction, would ya? We also suffer from a "may issue" format.

 

LL

[Subdeacon Joe]

Looked out the window and saw a pig fly by.......change is in the air, I hope.

 

Congrats, Californians; you may yet be known again as a free State!

 

And send a little of that inclination in this direction, would ya? We also suffer from a "may issue" format.

 

LL

 

What was Feinstein doing in Boston?

[Loophole LaRue, SASS #51438]

 

What was Feinstein doing in Boston?

 

Looking for the spirit of Ted Kennedy.......

 

LL

[Uno Mas SASS #80082]

Ripped bodily from the Pistol-Forum.com Thread: 9th. Circuit: California "May Issue" is Unconstitutional

This was written by Alex Kozinski, currently Chief Judge of the 9th Circuit Court of Appeal. Powerful stuff.

"All too many of the other great tragedies of history—Stalin’s atrocities, the killing fields of Cambodia, the Holocaust, to name but a few—were perpetrated by armed troops against unarmed populations. Many could well have been avoided or mitigated, had the perpetrators known their intended victims were equipped with a rifle and twenty bullets apiece, as the Militia Act required here. See Kleinfeld Dissent at 5997-99. If a few hundred Jewish fighters in the Warsaw Ghetto could hold off the Wehrmacht for almost a month with only a handful of weapons, six million Jews armed with rifles could not so easily have been herded into cattle cars.

My excellent colleagues have forgotten these bitter lessons of history. The prospect of tyranny may not grab the headlines the way vivid stories of gun crime routinely do. But few saw the Third Reich coming until it was too late. The Second Amendment is a doomsday provision, one designed for those exceptionally rare circumstances where all other rights have failed—where the government refuses to stand for reelection and silences those who protest; where courts have lost the courage to oppose, or can find no one to enforce their decrees. However improbable these contingencies may seem today, facing them unprepared is a mistake a free people get to make only once.

Fortunately, the Framers were wise enough to entrench the right of the people to keep and bear arms within our constitutional structure. The purpose and importance of that right was still fresh in their minds, and they spelled it out clearly so it would not be forgotten. Despite the panel’s mighty struggle to erase these words, they remain, and the people themselves can read what they say plainly enough:

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

The sheer ponderousness of the panel’s opinion—the mountain of verbiage it must deploy to explain away these fourteen short words of constitutional text—refutes its thesis far more convincingly than anything I might say. The panel’s labored effort to smother the Second Amendment by sheer body weight has all the grace of a sumo wrestler trying to kill a rattlesnake by sitting on it—and is just as likely to succeed."

And from The Tamara Keel: "Kozinski's the closest thing to a true wookie suiter we have going at that level of the judicial branch. Long may he shake his bowcaster."

[The Shoer 27979]

To echo what Lumpy said earlier in this thread after he told me what i meant OFS

[Uno Mas SASS #80082]

Out Fudging Standing?

 

If so, I heartily concur. DeLeon has got to have his lace panties in the wad of the century. Look for a slew of legislation to negate this ruling from that despicable bastard.

[Eamon Chute]

It's not the end, but only the beginning.

 

There will be a lot of BMW's sold to the plethora of lawyer's who will eventually be used in the appeals.

 

Just sayin'.......

 

 

EC

[The Shoer 27979]

Out Fudging Standing?

 

If so, I heartily concur. DeLeon has got to have his lace panties in the wad of the century. Look for a slew of legislation to negate this ruling from that despicable bastard.

if you want to use fudging instead of the word Lumpy told me it will all work just as good

[Blackwater 53393]

Ripped bodily from the Pistol-Forum.com Thread: 9th. Circuit: California "May Issue" is Unconstitutional

 

This was written by Alex Kozinski, currently Chief Judge of the 9th Circuit Court of Appeal. Powerful stuff.

 

"All too many of the other great tragedies of history—Stalin’s atrocities, the killing fields of Cambodia, the Holocaust, to name but a few—were perpetrated by armed troops against unarmed populations. Many could well have been avoided or mitigated, had the perpetrators known their intended victims were equipped with a rifle and twenty bullets apiece, as the Militia Act required here. See Kleinfeld Dissent at 5997-99. If a few hundred Jewish fighters in the Warsaw Ghetto could hold off the Wehrmacht for almost a month with only a handful of weapons, six million Jews armed with rifles could not so easily have been herded into cattle cars.

 

My excellent colleagues have forgotten these bitter lessons of history. The prospect of tyranny may not grab the headlines the way vivid stories of gun crime routinely do. But few saw the Third Reich coming until it was too late. The Second Amendment is a doomsday provision, one designed for those exceptionally rare circumstances where all other rights have failed—where the government refuses to stand for reelection and silences those who protest; where courts have lost the courage to oppose, or can find no one to enforce their decrees. However improbable these contingencies may seem today, facing them unprepared is a mistake a free people get to make only once.

 

Fortunately, the Framers were wise enough to entrench the right of the people to keep and bear arms within our constitutional structure. The purpose and importance of that right was still fresh in their minds, and they spelled it out clearly so it would not be forgotten. Despite the panel’s mighty struggle to erase these words, they remain, and the people themselves can read what they say plainly enough:

 

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

 

The sheer ponderousness of the panel’s opinion—the mountain of verbiage it must deploy to explain away these fourteen short words of constitutional text—refutes its thesis far more convincingly than anything I might say. The panel’s labored effort to smother the Second Amendment by sheer body weight has all the grace of a sumo wrestler trying to kill a rattlesnake by sitting on it—and is just as likely to succeed."

 

And from The Tamara Keel: "Kozinski's the closest thing to a true wookie suiter we have going at that level of the judicial branch. Long may he shake his bowcaster."

 

 

AND THE CROWD RISES AS ONE, CHEERING WITH ALL THAT THEY HAVE IN AGREEMENT!!!