Federal Appeals Court Rules Open Carry is a Right

a reply to: toysforadults

I've had the Second Amendment / Right to Bear Arms debate over and over again and have absolutely no intention of getting drawn into it yet again.
I'm reading this thread more for information purposes than anything else.

I recognise that this may actually be falling into the hands of the pro-Trump brigade and those who believe The American Constitution is the greatest human achievement ever, but......could you please expand on this;

FDR really messed our country up

How did he 'mess' your country up.
If he screwed up so bad why haven't subsequent Presidents and The Supreme Court rescinded these policies etc?

ETA

Read the rest of the thread now; so it seems FRD was responsible for appointing liberal minded people to The Supreme Court....which begs the question why didn't Republicans like Eisenhower, Nixon, Ford, Reagan and the Bush's, who collectively presided over your country for well over 30 years, revert this policy?

a reply to: visitedbythem

Sure, if you want to throw your back out!

What's that thing weigh, about 8-9 lbs?

a reply to: Freeborn

One of the biggest faults of our country is that once we devolved to a two party system (for the most part) they stopped getting rid of stupid policies/laws.

To give you an idea, we still have states with laws against spitting on the sidewalk, cursing on sunday, and having sex with a chicken is illegal. (I am afraid to look up how that one came to be)


We just don't remove/change bad legislation/policies, I am not certain if its an agreement between the parties, or just a fear of tit for tat reprisals.

Edit to Add: I am absolutly gob smacked that this came out of the Ninth circus court, mebe the the anti gun folks will back off for a bit.... nah I know they wont but its nice to dream.

originally posted by: Lumenari

originally posted by: Alien Abduct

originally posted by: Lumenari

originally posted by: Alien Abduct

originally posted by: EternalShadow
So we're good to go in California?

Yeah but you might be the one sitting in jail for a few years until it’s finally makes it’s way to the Supreme Court to get it turned over. You got his bro go ahead, I’ll put some money on your books

You do realize that since it is a federal appeals court ruling, it is now the law of the land unless the Supreme court overturns it?

So no, you would not be sitting in jail until the Supreme court rules on it.

I am so happy that I live in a state where open carry is legal and concealed carry is legal without a license out of city limits.

Y'all have just gone batsh!t crazy over what should be a simple concept.

"Shall not be infringed"

I thought it was already the law of the land because of that part in the constitution that says “shall not be infringed”. That’s why I figured they were wrongfully holding the guy and he had to wait for the Supreme Court to rule on it.

Like FamCore said local governments might not care and they might lock you up anyways and just hold you until you appeal it and win the appeal. What’s stopping them from doing that?

Then you thought wrong?

Lesser Federal court rulings are what actually hold sway. Until ruled on by the Supreme court on their Constitutionality.

Unless you missed the Muslim ban fiasco. (couldn't do anything until ruled unconstitutional by the Supreme court.)

Unless you missed the lower court ruling on immigrant children being detained.

Unless you missed the lower court ruling on Sanctuary cities and withholding Federal funds.

Just typing some recent ones.

I thought wrong? So, it wasn’t found by the Supreme Court that they were wrongfully holding the guy because it violated his constitutional right?

originally posted by: Alien Abduct

originally posted by: visitedbythem

originally posted by: Gothmog

originally posted by: visitedbythem
a reply to: toysforadults

So I can start carrying my 50 mag?

Where do you carry a cannon ?

Back packing mostly. Its heavy. 5lbs

Looks like a 50 cal, a 357 and a 45?

correct

originally posted by: americanbuffalo1
Aww you beat me to it with posting this! Yes finally someone understands shall not be infringed!!
I'm the rare one who thinks the 2nd also allows an American citizen to own a tank if they could afford it! Anything uncle Sam has, I citizen taxpayer should have the right to own too!

Perhaps when we can all decide on the definition of the words then we can understand what the founders were saying and then have our arms.

Define infringe and bear as it was when the words were enumerated into the constitution.

originally posted by: Freeborn
a reply to: toysforadults

I've had the Second Amendment / Right to Bear Arms debate over and over again and have absolutely no intention of getting drawn into it yet again.
I'm reading this thread more for information purposes than anything else.

I recognise that this may actually be falling into the hands of the pro-Trump brigade and those who believe The American Constitution is the greatest human achievement ever, but......could you please expand on this;

FDR really messed our country up

How did he 'mess' your country up.
If he screwed up so bad why haven't subsequent Presidents and The Supreme Court rescinded these policies etc?

ETA

Read the rest of the thread now; so it seems FRD was responsible for appointing liberal minded people to The Supreme Court....which begs the question why didn't Republicans like Eisenhower, Nixon, Ford, Reagan and the Bush's, who collectively presided over your country for well over 30 years, revert this policy?

???
Skull and bones

The decision was that Hawaii was too restrictive in its granting of open carry permits.

In 2016 there was a similar situation in Peruta v. San Diego County. The initial ruling was 2-1 in favor of the plaintiff. There was an request from the county for an en banc hearing, at which time initial ruling was overturned. The plaintiff then filed for a decision from the SCOTUS but the writ was denied.

So, the most next likely step is for the state to seek an en banc hearing from the 9th Circuit. While Peruta concerned concealed carry permits rather than open carry, it is not unlikely that an en banc hearing of this case may find differently from the initial decision.

a reply to: the owlbear

Carry your weapon in your hand since it's your right. When you go to Wal-Mart, the grocery store, your kids' daycare... Just carry it in your hand since it's legal.

That's called brandishing.

If you have a properly holstered pistol or properly slung rifle, I don't see the problem.

Where do you carry a cannon ?

a reply to: Gothmog

*begins typing a reply... then stops.

Nah... too easy

originally posted by: caterpillage

As much as I'd like to carry, man it just wouldn't be worth the risk. Cops these days like to shoot the instant they see a gun

Honestly though, I can't really blame them for being on high alert when they see weapons. Although I support the 2nd Amendment, I don't think it's a good idea to carry them to the grocery store.

a reply to: yuppa

you absolutely can own a tank with a live main gun and machine guns just need proper permits (dd,class 3 etc)

www.dailydot.com...

It’s like Uber, but for military-grade machine guns, tanks, and grenade launchers. Actually, maybe it’s more like Craigslist. ArmsList is an online intermediary between buyers interested in buying heavy armaments and sellers offering them. Beyond that, the site does not become involved in any transactions—they explicitly state as much in their footer. The site’s a dream for anyone looking to get an NFA weapon (machine guns, silencers, short-barrelled shotguns, and destructive devices heavily regulated by the National Firearms Act). It’s also the perfect candy store for people looking for that extra jolt of adrenaline that only a fully operational tank can provide. In fact, you can buy one of those right now for a quarter million dollars. But is it legal? And can anybody just up and buy something with the insane firepower of a tank or grenade launcher? According to the Bureau of Alcohol, Tobacco, and Firearms, yes, totally legal. And, technically.

so yeah legal tanks legal 120mm and legal .50 machine guns if you have the money dont think you can buy nukes lol and you cant put weapons into aircraft but pretty much every thing else is legal with the right paper work .www.pewpewtactical.com...

now as this is a conspiracy site id say the ruling by the 9th could have been done the way it did as a way to keep it out of the scotus which seems to be shifting vastly more Pro second amendment then anti and much more likely to take gun cases like Clarence Tomas has wanted for a while now. so if the ruling stands like it looks like it will unless its challenged again it wont go to scotus ,which as a pro gun person i would much prefer to a simple 9th court ruling but i would assume in a year or so we will be getting a few more rulings from the scotus on the 2nd.

things like hearing protection act,national reciprocity,and AWBs ruled unconstitutional would be things i would hope get ruled on in the future