Appeals Court Affirms Constitutional Right to Openly Carry Guns in Public

[Puha Ekapi_2]

From the Ninth Circus no less. The question is if the Court will hear this en banc and reverse it, like they did a couple years back with Peruta. The antis will be taking a chance if they do though, with a potentially more gun friendly SCOTUS they risk having a reversal reversed, and the earlier decision upheld. That would make the decision binding on a national level.

https://law.justia.com/cases/federal/appellate-courts/ca9/12-17808/12-17808-2018-07-24.html

[TomSlick]

1. My post on the decision from 7/24

[link:https://www.democraticunderground.com/100210920181|

If I was a gun-loving SCOTUS justice, I would be really concerned about upholding the very broad open-carry rationale from yesterday's decision. It makes the Second Amendment a suicide pact. I'm sure it was not the intent of the opinion, but it points out the need for SCOTUS to back-track on Heller.

[cronoserge]

5. my apoligies

could you clarify your post? what do you mean by "It makes the Second Amendment a suicide pact"? and why does "it points out the need for SCOTUS to back-track on Heller."?

thank you in advance for you reply.

[TomSlick]

6. No reason to apologize.

If the Second Amendment really means we must go back to the worst days of the wild west with people walking the street with pistols on their hips or rifles strapped across their back - just looking for an insult to start shooting - then, yes, the Second Amendment will become a suicide pact.

The Young decision from the Ninth Circuit is the logical extension of the Heller decision that the Second Amendment confers an individual right to both keep and bear arms. Unless SCOTUS really means for us to all be living in 19th Century Tombstone, AZ then it needs to back away from the sweeping language in Heller.

[discntnt_irny_srcsm]

7. Just for reference...

...the famous gun fight in Tombstone was between the town marshals and a group of outlaws over gun-control. At the time Tombstone was a "no carry" town. Leave your guns with the marshals and pick them up again on your way out of town. The Earp brothers and Doc Holliday were the marshals.

However, since the 1960s there has a been a change in how most states regulate concealed carry. I am an advocate of concealed carry rather than open carry. There is a long history of state regulations on concealed carry. The basis for, implementation of and spirit behind having more regulations on CC seems to point to a legal preference for the quick draw style duel you seem to eschew. The majority of states have adopted "shall issue" policies and laws where, following training and testing, anyone not disqualified for objective background reasons, shall be issued a permit. A few states have removed all regulations concerning CC. The singular exception to clamor over CC and changing rules is Vermont which has had unrestricted CC since 1791.

I have seen OC interactions between law enforcement and folks who decided it was a good to open carry an AR-15 style rifle. IMO most of those folks are looking for both attention and the chance to provoke a police response. In my not so humble opinion that type of thoughtless jerk is mostly looking to pursue a law suit over rights violation by a LEO who made a mistake. Such folks are stupid.

The message of the Young decision is clear to me. The court accepts the Heller opinion that individuals have an RKBA. States which by law or by practice do not permit a regulated form of carry will face court enforced decisions in the federal courts that may include unrestricted open carry. In short, as a state, make provisions enabling the common people to "bear arms" in a regulated but non-arbitrary process or the federal courts will do it for you.

[gejohnston]

9. mostly looking to pursue a law suit over rights violation

That is the idea, especially in Florida. While Florida generally bans open carry, there are exceptions like while hunting, fishing, and on your own property.
Legally, as long as you are fishing, even off a bridge in downtown Tampa or New Port Richey, you are legal. There are people (saw a few on You Tube) who will look for a cop hanging out near a river and do just that.

If they are filming, they are cop baiting and looking for a false arrest payday.

[discntnt_irny_srcsm]

10. Agreed n/t

[hack89]

8. Nothing similiar happened with the wide growth of concealed carried laws over the past 20 years

according to your logic, that led to a huge increase in the guns being carried in public and a resultant increase in gun deaths. Yet gun violence went down. How is that possible?

[discntnt_irny_srcsm]

2. Sounds like a precedent to me

Once similar events in other districts raise similar challenges, states that wholesale deny almost everyone (except the rich and connected) a CC permit may begin to rethink that foolishness.

[flamin lib]

3. You really believe that, don't ya?

Well bless the heart . . .

[cronoserge]

4. my apoligies

what do you mean? i thought the next step was the supreme court.

whether or not they rule in faver is unknown.

thank you for you in advance for your reply.