The infamously liberal Federal Ninth Circuit Court of appeals has struck down a California law practically banning people from carry a gun in public for self defense in the Peruta v. San Diego case. The decision struck down requirements of "need" or "cause" to carry a handgun in public based on violent threats to a person as unconstitutional. In other words, the State cannot restrict an individual from carrying a firearm because a government official doesn't think they face enough threats to justify doing so and affirms carrying a gun in public for self defense is in fact a protected right under the Second Amendment. The ruling based much of its decision on the prior Supreme Court ruling in District of Columbia v. Heller and makes clear that the right to "bear arms" is equal in definition to "carrying arms.
From the decision:
The decision released by the Court reaffirms the decision of District of Columbia v Heller that the Second Amendment is an individual right, not a collective one.
UPDATE: It is important to point out that government still have the ability to restrict carry, meaning that concealed carry can be banned while open carry is allowed and vice versa, but heavy restrictions on both are unconstitutional. One or the other must be allowed.
CATO's David Kopel explains what's next with different courts on this issue:
UPDATE II: The National Rifile Association, which supported this case financially and with a friend of the court brief, has released a statement.
The case is headed to the Supreme Court.
This is a major win for the Second Amendment and for those who want to protect themselves from becoming victims of a crime.
Stay tuned for updates and statements from Second Amendment groups.
Editor's note: This post has been updated.
Katie Pavlich
| Katie Pavlich is the News Editor at Townhall.com. Follow her on Twitter @katiepavlich. She is also the author of Fast and Furious: Barack Obama's Bloodiest Scandal and the Shameless Cover-Up. “ABSOLUTELY DEVASTATING! Intrepid investigative journalist Katie Pavlich rips the lid off Team Obama’s murderous corruption and anti-Second Amendment zealotry" saysMichelle Malkin. "Katie Pavlich draws back the curtain on a radical administration that put Mexican and American lives at risk for no discernible reason other than to advance an ideological agenda." - David Limbaugh Buy Katie's book todayand help us keep the pressure on Obama and his attorney general Eric Holder and expose the cover-up. |
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Given Constitutional Law Professor Jonathan Turley's recent liberal epiphany, Obama will HATE that decision.
@mshandy and @Marc_H
Either provide a link to the source(s) of your information or quit making such claims.
---------------------------------------------
I don't have any links, you can decide to verify or not.
This is what I have been able to find so far...
None of the most recent shootings involved anyone who was an NRA member
The Ft Hood shooter was a registered Democrat and a muslim .
At Columbine, too young to vote; however, both families were registered Democrats. and regressive liberals.
Connecticut School Shooter - Registered Democrat; hated Christians.
Aurora Colorado Theater - Registered Democrat; staff worker on the Obama campaign;
Occupy Wall Street participant; regressive liberal.
Virginia Tech - Wrote hate mail to President Bush and to his staff...Registered Democrat
That is as far as I got, but it does seem to fit that pattern that most, if not all were mentally ill liberals, but then again, that is redundant.
if you have never had my almond and sweet potato soup, you got nothing on me sweetheart
I can find ways to love me, bring it girl
I want to listen to your dashboard night, bring it on, look out the window, too night, listen too your dashboard light, I comin over, girl I got a see u tonight
A government official doesn't have the right to limit my inalienable right to self defense.
seems you did not notice or care that almost ALL the recent mass shootings were done by DEMOCRATS
a 45 is ok
I prefer 10mm, 44 Mag, or 40S&W
I did just get a S&W Model 1917, a 45ACP revolver from WW1
barrel was cut to snub length
ordered some moon clips for it
the M&P 40 is very comfortable
the M&P Shield in 40 is surprisingly comfortable
Beretta 96 is also comfortable for a 40.
it is nice to step into the lane, eh?
P.J. O'Rourke, author of "Parliament of Wh.ores"
Enjoy!
He is the Master at invoking this Constitution Destroying Initiatives.
Taking the Second Amendment.
230 grains is the only way to go.
where is my grammar
"Any people anywhere, being inclined and having the power, have the right to rise up and shake off the existing government and form a new one that suits them better. This is a most valuable, a most sacred right –
a right which we hope and believe is to liberate the world."
-- Abraham Lincoln, 1848
... "And how does an unarmed people do that?"
Yea, helps them, 'liberate' their coin from their pockets.
The 2nd Amendment was always about the people, the militia and “NEVER” intended as some acknowledgement for the people accepting and arming a standing army……as the despots (in this case the "progressives") would like you to believe.
"The means of defense against foreign danger, have been always the instruments of tyranny at home. Among the Romans it was a standing maxim to excite a war, whenever a revolt was apprehended.
Throughout all Europe, the armies kept up under the pretext of defending, have enslaved the people."
James Madison
"A standing army has always been used by despots to enforce their rule and to keep their people under subjection.
Jefferson
If a well-regulated militia be the most natural defense of a free country, it ought certainly to be under the regulation and at the disposal of that body which is constituted the guardian of the national security. If standing armies are dangerous to liberty, protection of the State is committed, ought, as far as possible, to take away the inducement and the pretext to such unfriendly institutions.
Alexander Hamilton
“A standing military force, with an overgrown Executive will not long be safe companions to liberty,”
James Madison 1787
Da.m did he know Obama?? I guess the founding fathers were not so stupid after all...