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Ninth Circuit Court Rules That People Must Be Allowed To Carry Guns In Public

Court of Appeals ruling could make California have to allow 'more guns on the street' according to law expert

San Francisco, CA – A historically liberal court of appeals ruled Tuesday that the right of citizens to carry firearms is not restricted to their homes.

The Ninth Circuit Court of Appeals made the ruling involving a case where a Hawaii resident George Young was denied permission to carry a gun twice in 2011.

The Ninth Circuit Court of Appeals ruled against a lower court that upheld the restriction.

Tuesday’s ruling stated that the Second Amendment protects the right to openly carry a gun in public, according to the Washington Post.

“Analyzing the text of the Second Amendment and reviewing the relevant history, including founding-era treatises and nineteenth century case law, the panel stated that it was unpersuaded by the county’s and the state’s argument that the Second Amendment only has force within the home,” the ruling stated, according to Fox News.

Judge Diarmuid O’Scannlain wrote in his opinion “for better or for worse, the Second Amendment does protect a right to carry a firearm in public for self-defense.”

Two of the three judges in the Ninth Circuit Court of Appeals have been appointed by Republican presidents, Fox News reported.

The Ninth Circuit Court of Appeals has a reputation for being one of the country’s most liberal courts. It has been named the “Nutty 9th” and the “9th Circus,” according to Fox News.

The Ninth Circuit Court of Appeals has a history of being overturned by the United State Supreme Court. That includes an a ruling in 2002 when the Ninth Circuit Court of Appeals ruled that the Pledge of Allegiance was unconstitutional because of its use of the phrase “under God.”

However, Tuesday’s ruling could impact other states such as California, the Washington Post reported.

“States like Hawaii and California will have to allow far more guns on the streets than they do today,” said Adam Winkler, a law professor at the University of California, Los Angeles, according to the Washington Post. “States would be able to ban concealed carry but only if they allow people to carry their guns openly displayed.”

Andrew Blake - July Wed, 2018


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