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Thread: 9th Circuit holds that States may restrict open carry

  1. #1
    Member Shotgun's Avatar
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    9th Circuit holds that States may restrict open carry

    On my iPhone and can't provide a link to the Young v Hawaii decision issued today. Reportedly, the 9th Circuit ruled that States can restrict or downright prohibit open carry in public places. I have not read or heard whether the opinion addresses concealed carry. This one may go right up to the Supreme Court - if the Supremes accept it.

    At the same time, Biden reportedly is urging the Supreme Court to allow warrantless searches of homes to seize firearms under a "reasonableness" standard in another case. That just makes me feel all warm and fuzzy that the government will exercise "reason" when deciding to perform warrantless searches. i need to do some reading on this issue as this story was just told to me. Warrantless searches just can't be right.
    "Rich," the Old Man said dreamily, "is a little whiskey to drink and some food to eat and a roof over your head and a fish pole and a boat and a gun and a dollar for a box of shells." Robert Ruark

  2. #2
    Delta Busta Kappa fratboy Hot Sauce's Avatar
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    They already ruled on concealed carry in Peruta v. San Diego, I believe. Together, these ruling basically spell out 9th Circuit as saying, the 2nd Amendment ends at your doorstep.
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    banana republican blues's Avatar
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    Quote Originally Posted by Hot Sauce View Post
    They already ruled on concealed carry in Peruta v. San Diego, I believe. Together, these ruling basically spell out 9th Circuit as saying, the 2nd Amendment ends at your doorstep.
    A classic example of when thinking outside the box is needed.
    There's nothing civil about this war.

  4. #4
    They say it is the most liberal court in the nation. If so, not surprising.

  5. #5
    Site Supporter HeavyDuty's Avatar
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    I thought OMB changed the balance in the 9th?
    Ken

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    banana republican blues's Avatar
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    Wish me luck, fellas. I'm going to pack my 642 as I perilously descend the steps to the basement to lift some weights.
    There's nothing civil about this war.

  9. #9
    Quote Originally Posted by HeavyDuty View Post
    I thought OMB changed the balance in the 9th?
    One of our legal folks, such as @joshs, can correct me if I’m wrong but I believe it goes like this: The balance of the entire 9th circuit now leans towards the conservative but the 9th differs from other circuits in that it’s so large that an en banc review doesn’t actually get your case in front of the entirety of the judges. They randomly select 11 to hear your case. Maybe you get a bunch of conservatives, maybe you don’t.
    My posts only represent my personal opinion and do not necessarily reflect the opinions or official policies of any employer, past or present. Obvious spelling errors are likely the result of an iPhone keyboard.

  10. #10
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    Quote Originally Posted by DanM View Post
    One of our legal folks, such as @joshs, can correct me if I’m wrong but I believe it goes like this: The balance of the entire 9th circuit now leans towards the conservative but the 9th differs from other circuits in that it’s so large that an en banc review doesn’t actually get your case in front of the entirety of the judges. They randomly select 11 to hear your case. Maybe you get a bunch of conservatives, maybe you don’t.
    That's mostly right, except the balance still leans slightly towards democrat appointees, it's just much closer than it was. They do have the option to do en banc review before the full circuit, but they almost always use the 11 judge "panel" en banc. We're certainly hoping to get a better judge draw in Duncan (the magazine case pending en banc review) than we did in Young. It's unfortunate that the western states civil rights rely on who sits on a circuit court panel, but such is the current reality.

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