The Ninth Circuit’s decision in Peruta v. San Diego, released minutes ago, affirms the right of law-abiding citizens to carry handguns for lawful protection in public.
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The Court ruled that a government may specify what mode of carrying to allow (open or concealed), but a government may not make it impossible for the vast majority of Californians to exercise their Second Amendment right to bear arms.
I am not a lawyer. This is NOT legal advice.! Nothing tempers idealism quite like the cold bath of reality.... SQLGeek
The Ninth Circuit’s decision in Peruta v. San Diego, released minutes ago, affirms the right of law-abiding citizens to carry handguns for lawful protection in public.
..................
The Court ruled that a government may specify what mode of carrying to allow (open or concealed), but a government may not make it impossible for the vast majority of Californians to exercise their Second Amendment right to bear arms.
Love God, Family, USA, and Texas
Act justly, love mercy, walk humbly with God - Micah 6:8
This is a HUGE deal. I'm certain there will be appeals, likely to include a request for the case to be re-heard by the full circuit instead of just this panel of 3 judges... But it seems the Circuits are clearly split (7th concurring with the 9th) and recent SCOTUS decisions in Heller and McDonald give some reason for hopefulness.
Reading some chatter elsewhere that the majority opinion here goes to great length to trash (eviscerate) the conflicting decisions made by the other Circuit Courts (2nd, 3rd & 4th). I'm still slugging my way through the 127 page read between phone calls.
I am not a lawyer. This is NOT legal advice.! Nothing tempers idealism quite like the cold bath of reality.... SQLGeek
wow... I am amazed that they gave that reading. I guess that they are starting to look outside at what's come down from the Supremes and decided making the right decision in first place is better than getting a very public 'polite reminder' from DC
RoyGBiv wrote:
Reading some chatter elsewhere that the majority opinion here goes to great length to trash (eviscerate) the conflicting decisions made by the other Circuit Courts (2nd, 3rd & 4th). I'm still slugging my way through the 127 page read between phone calls.
I've skimmed about 27 pages of the Opinion, and 1 page of the descent, lots of herp and derp in the descent. WON'T SOMEONE THINK OF THE CHILDERN!!!
"They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."
--Benjamin Franklin, Historical Review of Pennsylvania, 1759
James Chapin, the San Diego deputy county counsel who defended the permit system, said the county will ask the full appeals court for a rehearing before an 11-judge panel. The ruling will be on hold while that request is pending.
I am not a lawyer. This is NOT legal advice.! Nothing tempers idealism quite like the cold bath of reality.... SQLGeek
James Chapin, the San Diego deputy county counsel who defended the permit system, said the county will ask the full appeals court for a rehearing before an 11-judge panel. The ruling will be on hold while that request is pending.
Jerks. Tyrants. Wouldn't want to give citizens their 2A rights back without taking it all the way now would they? Use citizens money (taxes) to pay attorneys to prevent rights from being exercised.
I can't write what I really think.
Anygunanywhere
"When democracy turns to tyranny, the armed citizen still gets to vote." Mike Vanderboegh
"The Smallest Minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities." – Ayn Rand
Redneck_Buddha wrote:9th Circuit?? Hades has officially frozen over.
My thoughts exactly! I can't believe a ruling like this came out of the 9th Circus.
Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence. - John Adams
Peruta has taken a long time to wend its way through the courts, but gun advocacy groups were fairly optimistic from the beginning about ultimate success.
Now it remains to be seen if Sacramento pulls a "Chicago/DC" and tries to defy the court.
“Hard times create strong men. Strong men create good times. Good times create weak men. And, weak men create hard times.”
RoyGBiv wrote:
Reading some chatter elsewhere that the majority opinion here goes to great length to trash (eviscerate) the conflicting decisions made by the other Circuit Courts (2nd, 3rd & 4th). I'm still slugging my way through the 127 page read between phone calls.
I've skimmed about 27 pages of the Opinion, and 1 page of the descent, lots of herp and derp in the descent. WON'T SOMEONE THINK OF THE CHILDERN!!!
It's "dissent", not "descent". . . . .as in, we descended from people who dissented against the crown.
“Hard times create strong men. Strong men create good times. Good times create weak men. And, weak men create hard times.”