9th Circuit Rules There is No Constitutional Concealed Carry

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Uncle Duke
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9th Circuit Rules There is No Constitutional Concealed Carry

Post by Uncle Duke » Fri Jun 10, 2016 11:08 am

The 9th Circuit Court of Appeals finally issued a ruling in the case of Peruta v. Gore. Unfortunately, they ruled that concealed carry is not a Constitutionally protected 2nd Amendment right. This sets a very bad legal precedent and argument in favor of Defendants in cases in Maryland and DC (Wrenn, et al v DC MPD; Grace and Pink Pistols v. DC MPD).

In his 52-page majority opinion in Peruta v. County of San Diego, Judge Fletcher reached back into history, and outside the U.S. in an attempt to rationalize taking away the public’s right to defend themselves. Quoting British laws prohibiting concealed weapons, Fletcher used a decree by Edward I to his sheriffs in 1299 to justify his position.

“Based on the overwhelming consensus of historical sources, we conclude that the protection of the Second Amendment—whatever the scope of that protection may be—simply does not extend to the carrying of concealed firearms in public by members of the general public,” Fletcher wrote.

Unfortunately the judges only decided to review the ban on concealed carry and didn't address (of course) the ban on open carry. Hence the logical inconsistency of state of California lives on. Charles Nichols of Californians for Open Carry has a lawsuit which is still pending. He is also in the process of filing an amicus brief in the U.S. Court of Appeals for the District of Columbia on behalf of NEITHER party in an attempt to draw attention to the constitutional question of open carry, which is illegal under DC municipal laws. Probably jousting at windmills, but what the hell. It's not like SCOTUS is going to grant certiorari if the Court of Appeals rules in favor of DC MPD, especially since they've previously refused cert and there are only four conservatives on the bench. If they do grant cert with the current composition, it's likely that they will let the ruling stand.
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Re: 9th Circuit Rules There is No Constitutional Concealed C

Post by calemus » Fri Jun 10, 2016 1:34 pm

im pretty sure the U.S. Constitution was written to SEPARATE us from the British stupidity?
The limits of tyrants are prescribed by the endurance of those whom they oppress:FrederickDouglass

learning is good .understanding is better .pleas teach with wisdom

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