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No RIGHT to carry concealed, Federal Appeals Court 9th circuit

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SurfManDan280

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The Federal District Court of appeals, 9th Circuit has claimed that the second amendment does not protect the right to carry concealed.
This will have immediate affects in the following states: Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington.
It seems California will be the worst off of those, as there is no open carry allowed.

In the radio broadcast the reporter indicated that the Supreme Court should address the issue, but will likely not until a 9th Justice is appointed. The claim for this was that it would be difficult to get a 5-3 majority on such a hot button issue.

Article posted on NPR:
http://www.npr.org/sections/thetwo-way/2016/06/09/481451209/federal-appeals-court-says-there-is-no-right-to-carry-concealed-weapons-in-public

As of posting there are 2124 comments on the article, which can make for an interesting read.
 

Re: No RIGHT to carry concealed, Federal Appeals Court 9th circuit
« Reply #1 on: June 10, 2016, 07:31:03 PM »
 

Magnaniman

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I had a discussion with a few anti-gun lawyers once.  The mental gymnastics required to interpret the 2nd Amendment in such a way is astounding.  Basically, it boils down to the absurdity of denying what "keep and bear" means on the basis that those words are not "legally defined."

For instance, "possession" and "ownership" have very different meanings.  They argue that "keep" is akin to "possession" and not "ownership," therefore the only arms people may keep are those specifically given to them or allowed by the state.  Of course, within the context of the Bill of Rights, a document specifically written to limit the powers of government over people, rather than expand them, it's an absurd proposition, but it's important to understand someone's ideas before you can disprove them.
 

Re: No RIGHT to carry concealed, Federal Appeals Court 9th circuit
« Reply #2 on: June 10, 2016, 08:23:58 PM »
 

SurfManDan280

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If there is one thing lawyers are good at its mental gymnastics.
Also, reading up on legal definitions can be quite enlightening.

My worry here is that this ruling goes to the Supreme Court and is upheld. Florida does not allow open carry and would not leave us with an option.
 

Re: No RIGHT to carry concealed, Federal Appeals Court 9th circuit
« Reply #3 on: June 10, 2016, 08:40:58 PM »
 

Magnaniman

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To be clear, this ruling isn't prohibiting concealed carry, just kicking it back to the states.

If SCOTUS does uphold this ruling and the subsequent challenges to the new measures of regulating "assault weapons" in California, it would be interesting to see a challenge to the NFA on the grounds that states have the right to determine which firearms may be allowed in their state, not the federal government.