THIS IS NOT A JOKE!
The ultra-liberal and frequently overturned U.S. Court of Appeals for the Ninth Circuit just ruled that the Second Amendment protects one’s right to carry a gun openly outside of the home.
For better or for worse, the Second Amendment does protect a right to carry a firearm in public for self-defense. We would thus flout the Constitution if we were to hold that, ‘in regulating the manner of bearing arms, the authority of [the State] has no other limit than its own discretion.’ Reid, 1 Ala. at 616. While many respectable scholars and activists might find virtue in a firearms-carry regime that restricts the right to a privileged few, ‘the enshrinement of constitutional rights necessarily takes certain policy choices off the table.’
Unless the panel’s decision is reversed en banc, the two decisions will have to be reconciled. When that happens, it seems most likely either that (a) the court will strike down the open carry bans in Hawaii and California, or (b) the court will adopt the argument, presented by the plaintiffs in Peruta, that a state can choose to ban either open or concealed carry, but could not prohibit both. Watch this space.
The fact that an ultra-liberal court affirmed Americans’ right to openly carry a handgun is a huge win for all Americans, even if the court is dropping breadcrumbs they hope the U.S. Supreme Court picks up to ultimately restrict gun rights nationwide.https://archive.fo/z30ZUhttps://thefederalist.com/2018/07/24/liberal-ninth-circuit-says-open-carrying-gun-constitutional-right/
The National Rifle Association Institute for Legislative Action applauded (NRA-ILA) a ruling by a three-judge panel of the 9th Circuit Court of Appeals on Tuesday that confirmed the Second Amendment protects the right to carry a firearm outside the home for self-defense.
“This is a critical issue for law-abiding gun owners who want to exercise their right to self-defense outside the home,” said Chris W. Cox, executive director, NRA-ILA. “The Second Amendment clearly protects the right to bear arms in public.”
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