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Concealed carry NOT a 2nd Amend. right says CA Federal court


Lion Heart

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Lion Heart

There is no constitutional right for the general public to carry concealed firearms outside the home, a federal appellate court ruled Thursday in a decision that serves as a major blow to Second Amendment advocates.

In a much awaited en banc ruling, the San Francisco-based 9th Circuit Court of Appeals upheld a California law that requires a gun owner to show “good cause” in order to obtain a permit to carry a concealed handgun. What constitutes good cause is left up to county sheriffs, and the 7-4 decision overturns a prior ruling by a three-judge panel that said the requirements adopted by sheriffs in San Diego and Yolo counties were unconstitutional.

“We hold that the Second Amendment does not preserve or protect a right of a member of the general public to carry concealed firearms in public,” wrote Judge William A. Fletcher in a 52-page opinion for the majority.

http://www.washingtontimes.com/news/2016/jun/9/concealed-carry-public-not-second-amendment-right-/

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ALGAYDO

This won't stop those conservative nut jobs from taking their guns to Walmart :air:

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Luiz

"San Francisco-based 9th Circuit Court of Appeals upheld a California law"

 

which means its only california being californina right? nothing actually changed so i dont see how its a blow to the second amendment

 

random dude from reddit said :

"Let's be clear here before everybody freaks out. They didn't prohibit concealed carry, they just said that government can impose restrictions on concealed carry without violating the Second Amendment. In California a person has to show "good cause" (i.e. a reason) for needing a gun when they apply for a permit. The Ninth Circuit upheld that practice, and did not reach the question of whether open carry is a right.

States are still free to do whatever they want. As far as I know, every single state allows concealed carry, and only about 10 have qualifying provisions like California's "good cause" rule. Others are far less restrictive. Take Maine for example, where anyone not otherwise prohibited by law (e.g. they are the target of a court order regarding domestic violence) can carry a concealed handgun. There are no permits required. The only affirmative duty placed on an armed citizen in Maine is that they disclose the fact that they are carrying in the event of a traffic stop or other police interaction.

Let's also not forget that there is a split among Circuit Courts as to whether concealed carry is a right or not. Presumably the Supreme Court could settle that once and for all, but my point is that it wouldn't change the status quo either way. It's still easy as hell to arm yourself in America."

I disapprove of what you say, but will defend to the death your right to say it.
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JustAnotherDay

Good, what reason would you even need to hide it anyway.

was NickARTPOP
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FATCAT

I believe that it does, a lot like how the first amendment applies everywhere. While I personally don't think concealed weapons should be in places like schools or (with customers) in businesses, I do think that someone above a certain age and tested in concealed carry has a right to it.

This kitten over here (meow)
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Petrichor
1 hour ago, Luiz said:

"San Francisco-based 9th Circuit Court of Appeals upheld a California law"

 

which means its only california being californina right? nothing actually changed so i dont see how its a blow to the second amendment

 

random dude from reddit said :

"Let's be clear here before everybody freaks out. They didn't prohibit concealed carry, they just said that government can impose restrictions on concealed carry without violating the Second Amendment. In California a person has to show "good cause" (i.e. a reason) for needing a gun when they apply for a permit. The Ninth Circuit upheld that practice, and did not reach the question of whether open carry is a right.

States are still free to do whatever they want. As far as I know, every single state allows concealed carry, and only about 10 have qualifying provisions like California's "good cause" rule. Others are far less restrictive. Take Maine for example, where anyone not otherwise prohibited by law (e.g. they are the target of a court order regarding domestic violence) can carry a concealed handgun. There are no permits required. The only affirmative duty placed on an armed citizen in Maine is that they disclose the fact that they are carrying in the event of a traffic stop or other police interaction.

Let's also not forget that there is a split among Circuit Courts as to whether concealed carry is a right or not. Presumably the Supreme Court could settle that once and for all, but my point is that it wouldn't change the status quo either way. It's still easy as hell to arm yourself in America."

This decision is important because it most certainly will be challenged and send to the Supreme Court. Their decision will augment this law to Federal policy.

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Redstreak

This is huuuuuuuuuuuuge y'all

Take a moment to think of just flexibility, love, and trust~
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Redstreak
11 hours ago, HOMODRAKE said:

This won't stop those conservative nut jobs from taking their guns to Walmart :air:

I'm fine with that, it just means now I'll know who to avoid :gaycat: 

Take a moment to think of just flexibility, love, and trust~
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