9th Circuit protects conceal-carry gun rights

9th Circuit protects conceal-carry gun rights

gun-declaration_s640x427What’s it with California politicians and their obsession with grabbing our guns? They are guarded by heavily armed state troopers, but want to deny the rest of us the right to defend ourselves against criminals.

Across most of the rest of America, even the most liberal Democrats have thrown in the towel on harassing gun owners. Part of it is gun-control isn’t popular with voters. And part is the overwhelming evidence of “More Guns, Less Crime,” to cite the title of John Lott’s book. When law-abiding private citizens are armed, criminals are more likely to back off, fearing getting shot.

Fortunately, our Second Amendment “right to keep and bear arms” has been strongly enforced by the federal courts, even the liberal 9th Circuit. The L.A. Times reported:

Relaxed rules for carrying concealed guns in public may not be challenged by California state officials or advocacy groups, a federal appeals panel decided Wednesday.

The decision was another victory for gun rights advocates, but it was not likely to be the last word. The state has the right to appeal Wednesday’s order and legal analysts expect the state to do so. There is another pending gun case involving the right to carry concealed weapons in California and a ruling in that case could resolve the debate.

In its 2-1 ruling Wednesday, the U.S. 9th Circuit Court of Appeals denied an attempt by Atty. Gen. Kamala D. Harris, a gun control group and law enforcement associations to intervene in a case that struck down San Diego County’s policy of tightly restricting the carrying of concealed guns.

Why is Harris wasting my tax dollars attacking my rights, when she should be prosecuting killers, robbers and rapists? Is her budget so overflowing with millions and millions of extra dollars from generous taxpayers that she can blow our money on this?

 

37 comments

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  1. Bob Smith
    Bob Smith 16 November, 2014, 03:03

    Doesn’t mean much yet. The 9th could refuse Harris plea to intervene and ignore Peruta, but accept either Richards or Baker en banc, both of which cite Peruta, and strike them all down that way.

    Reply this comment
  2. Desmond
    Desmond 16 November, 2014, 05:50

    Harris was Willie Brown’s playmate. She has no morals. What a role model for California’s young woman. She is no different than Monica Lewinsky, no strike that she is ma combination of Bill and Monica. Again, what a role model!

    Reply this comment
  3. t ted t system inc
    t ted t system inc 16 November, 2014, 07:05

    Lol
    U can set your watch by these tea baggy stories about an article 3 court case they love and then 5 min later when they lose another case they are whining about the communists ! Like when they thought judge Klein would go their way! Lmao bff’s!

    Reply this comment
  4. Ulysses Uhaul
    Ulysses Uhaul 16 November, 2014, 08:17

    Geesh. Give the woman a chance. She is your next Govenor!

    Reply this comment
  5. Donkey
    Donkey 16 November, 2014, 08:33

    John wrote: “Why is Harris wasting my tax dollars attacking my rights, when she should be prosecuting killers, robbers and rapists?”
    I know that question must have been sarcastic John, because anyone with an ounce of intelligence knows the LE RAGWUS pulls the strings on Harris. Your quote from the LA Times said”…attempt by Atty. Gen. Kamala D. Harris, a gun control group and law enforcement associations to intervene…” is understood by those informed as LE public safety unions. The LE RAGWUS has no use for armed non-LE citizens at all. Sure there are many LE officers that have no problem with armed citizens, but their unions are opposed to the 2nd Amendment, in fact the RAGWUS is opposed to the entire Bill of Rights at any given time. We have allowed LE to run amuck in our state, so much so that at any given time an encounter with a state badged enforcer can mean a death sentence. Doug Zerby’s murder is a clear example of state police are exempt from murdering a non-LE citizen at will, which is contrary to the Bill of Rights.

    The LE RAGWUS has to be reigned in, brought back to Earth, retrained, re-educated, and made to understand that that citizen is the one entity protected by the Constitution, not the RAGWUS feeders. 🙂

    Reply this comment
    • LetitCollapse
      LetitCollapse 16 November, 2014, 09:29

      Hey, Donkey. Did you watch Oregon State devour Arizona State last night? That completely opens up the race for the Pac-12 South title. And as long as UCLA makes it past USC next week and Stanford the following week the chances are excellent that the Bruins will play the Oregon Ducks again for the Pac-12 crown!!! I love it! I’m a big Oregon fan. I think it’s in the Ducks best interest to play UCLA again than it would be to play the Sun Devils! The Ducks play Oregon State in Reser Stadium (away) for their last game. They’d better watch out. The Beavers love to upset high ranking teams. And the Ducks and the Beavers are HUGE rivals!!! This is the best part of the season when all teams made the turn and are on the final stretch headed for the wire!!! GO DUCKS!!! But good luck to the Bruins too!!! 🙂

      Reply this comment
    • LetitCollapse
      LetitCollapse 16 November, 2014, 09:35

      Oh, and btw, the Bruins need to make it past USC next week, Donkey. It’s a MUST WIN! If they don’t USC will likely take the Pac-12 South. Personally, I hope UCLA beats USC. I never liked USC. Lots of arrogance and hubris at that ivory tower. I’ve met a number of USC grads over the years. They think their stuff don’t stink! All rich boys and girls except for the AA crowd.

      Reply this comment
      • Donkey
        Donkey 16 November, 2014, 12:56

        I want the Bruins to win also LIC. I like USC because they are a Pac-8 school, and I was always a John McKay fan, unless he played UCLA. http://www.youtube.com/watch?v=dmloO_DVl74&feature=player_detailpage 🙂

        Reply this comment
        • LetitCollapse
          LetitCollapse 16 November, 2014, 13:05

          No. After what I saw during the Reggie Bush and Pete Carroll era I hope USC loses every game it plays. What a dirty program they ran there. Worse than the dirt we see in Sacramento. Go Ducks! Mariota is a good kid. A clean kid. A soft spoken kid. A polite kid. A respectful kid. Those are the sort of athletes I love to see get rewarded. I hope Marcus win the Heisman and goes on to be an NFL superstar!!! 😀

          Reply this comment
          • Donkey
            Donkey 16 November, 2014, 17:46

            USC did give us OJ!! That’s one reason to dislike them. 🙂

          • LetitCollapse
            LetitCollapse 16 November, 2014, 18:00

            What about Josh Shaw from the 2014-15 team, Donkey??? Did you read about his story??? HAH! He claimed he injured his ankles jumping from a balcony to save his drowning nephew when he actually jumped from a balcony at his GF’s apartment to evade the cops!!! HAH! He lied and made a complete ass of himself and the team, as he was their chosen CAPTAIN!!! HAH! 😀 😀 😀
            No, I gave up on the Trojans. I can’t stand Notre Dame and I hope ND drills them 75-7. But it’s not just their FB team. I despise the attitude of their faculty and student body, like they all walk on water. There’s nothing about that school that I like. UCLA is much more down to earth.

          • Donkey
            Donkey 16 November, 2014, 20:10

            Yes I di. What about the kid from Florida State, Winston, how does he get past admissions? 🙂

          • LetitCollapse
            LetitCollapse 16 November, 2014, 21:03

            I hear ya, Donkey. If I owned an NFL team I would steer clear of Jameis fer sho. That dude can’t stay out of trouble. He talented too. But his behavior is going to discount his talent greatly on the free market. I have no idea why FSU regained #1 in the AP. Unranked Miami almost picked them off. It was VERY close. Alabama beat #1 Miss State. Alabama should have gone to #1, with Oregon as #2. It will be interesting what the selection committee says on Tuesday. Very interesting. FSU plays Boston College and Florida in their last 2 games. They should walk over both. The ACC sucks. Weak teams. FSU will get beaten bad in the playoffs. You watch. FSU is not that good. Just lucky.

  6. LetitCollapse
    LetitCollapse 16 November, 2014, 08:51

    Liberals aren’t the brightest bulbs on the tree. Look what they’ve done to Chicago where some of the strictest gun control laws exist, yet it’s the gun murder capital of the USA. Liberals take up these absurd causes and step on it 9 out of 10 times. Look what they’ve done to the healthcare system. Look at the mess the liberal nobel peace prize winner POTUS Obola has exaccerbated in the ME. Look at the bubble that Obola has created in the economy again through his QE and deficit spending policies! The liberals are so stupid. Time and time again it has been shown that more guns result in less gun violence in America. And people are very polite to one another in cities and states that allow for fast and loose concealed carry regulations. So you get that added benefit too! The cops murdering innocent citizens with guns is a whole different matter. We need to repeal POBOR to stop those murderers. More sensible gun legislation that applies to the peasants won’t faze the cops at all. We need to repeal POBOR and remove the curtain of secrecy. They shot an unarmed Marine sgt. named Manuel Loggin to death in cold blood as he sat in his car only 2 or 3 feet in front of his 2 minor daughters in the back seat. There were audio recordings and a dashcam video of the whole thing. After the pols awarded $4M to the Loggin’s family the audio recordings and the dashcam were completely buried from the public’s view. Even though we were FORCED to pay the $4M for the unjust shooting, we were NOT ALLOWED to view the EVIDENCE! That’s the sort of crap I would expect to happen in North Korea. It’s certainly not a democracy or a free nation. 🙁

    Reply this comment
  7. LetitCollapse
    LetitCollapse 16 November, 2014, 09:01

    And we know how Kamala rose to the top of the stink pile. Go ask Willie Brown how she got there!!! HAH! He knows!!! HAH! Marvin Gaye sang about it several years ago. HAH! Marvin knew too!!! HAH! 😀

    Reply this comment
  8. LetitCollapse
    LetitCollapse 16 November, 2014, 09:49

    An illegal migrant from Mexico who shot and killed a couple cops in Sacramento County recently had a long criminal record and broke into the state multiple times. The cops have been turning a blind eye to illegal immigrants for years. Now one murdered a couple of their brothers in blue. You see, this is what happens when people REFUSE to enforce our laws. What goes around comes around. Naturally Jerry Clown could care less if an illegal murdered those cops. He wants to give them all DL’s and let them steal more jobs from our underclass citizens!!! HAH! And he’s sworn under oath to protect and defend the Constitution and our laws!!! HAH! This State has turned into one huge house of prostitution. Of course, the illegal alien lobby is padding Clown’s wallet….and you’d better believe it!!! Jerry is the BIGGEST political prostitute in the bordello of all!!! HAH! 😀

    Reply this comment
  9. Ulysses Uhaul
    Ulysses Uhaul 16 November, 2014, 16:15

    What is going on? The doomers having fun and loving football…..there is hope…yes…hope.

    Reply this comment
  10. California Right To Carry
    California Right To Carry 16 November, 2014, 19:50

    First of all John Seiler, you don’t have a right to carry a weapon concealed. Quoting the Peruta Court decision “To be clear, we are not holding that the Second Amendment requires the states to permit concealed carry.”

    Why don’t you have a right to carry a weapon concealed? Because three US Supreme Court decisions and nearly 200 years of state court decisions have held that there is no right to concealed carry.

    Even in 1791, when the Second Amendment was adopted, although there weren’t prohibitions on the carrying of concealed weapons, using a weapon that was carried concealed (with very few exceptions) either got you hanged or sentenced to a very long prison term.

    Concealed carry is of no use to me, I don’t carry a purse. Besides, Open Carry is the right guaranteed by the Constitution, concealed carry can be prohibited.

    “[A] right to carry arms openly: “This is the right guaranteed by the Constitution of the United States, and which is calculated to incite men to a manly and noble defence of themselves, if necessary, and of their country, without any tendency to secret advantages and unmanly assassinations.”” District of Columbia v. Heller, 128 S. Ct. 2783 – Supreme Court (2008) at 2809.

    “Like most rights, the right secured by the Second Amendment is not unlimited. From Blackstone through the 19th-century cases, commentators and courts routinely explained that the right was not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose. For example, the majority of the 19th-century courts to consider the question held that prohibitions on carrying concealed weapons were lawful under the Second Amendment or state analogues.” District of Columbia v. Heller, 128 S. Ct. 2783 – Supreme Court (2008) at 2816.

    “We therefore hold that the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment right recognized in Heller.” McDonald v. City of Chicago, Ill., 130 S. Ct. 3020 – Supreme Court (2010) at 3050.

    “[T]he right of the people to keep and bear arms (art. 2) is not infringed by laws prohibiting the carrying of concealed weapons…” Robertson v. Baldwin, 165 US 275 – Supreme Court (1897) at 282

    Charles Nichols – President of California Right To Carry
    http://CaliforniaRightToCarry.org

    Reply this comment
    • LetitCollapse
      LetitCollapse 16 November, 2014, 20:52

      Right or no right. I would never wear a handgun openly. For good reason it makes people nervous in our society. It would cause tremendous angst in day to day life. I wouldn’t want to scare a bunch of old ladies or kids. Sorry, I’m just not into that. People fear guns. And they should! But this isn’t the wild west anymore. We’re living in a civilization. And I believe in civilization. And I believe in the golden rule. With that said, I am a big 2nd amendment proponent. People should be able to possess guns in their homes. And I favor CCW’s for law-abiding citizens with no serious mental illness. I think it would produce a safer and more orderly (and probably a more polite) society. And I make that comment based up FACTS. Cities and towns that enacted lenient CCW laws have noted sharp declines in violent crime. Chicago, with it’s VERY strict guns laws, has about the highest gun murder rates in the nation. With that, I rest my case. 🙂

      Reply this comment
      • California Right To Carry
        California Right To Carry 16 November, 2014, 21:23

        “With that said, I am a big 2nd amendment proponent.”

        You cannot be both a proponent of the Second Amendment, “big” or otherwise, and opposed to Open Carry which is the Second Amendment right.

        There are a lot of mentally disturbed people who fear the sight of guns, there are a lot of leftists who hate the sight of people exercising their Second Amendment right to openly carry firearms in public.

        Fortunately, we have a Constitution which provides a solution. Those who are opposed to Open Carry can go pound sand.

        Reply this comment
        • LetitCollapse
          LetitCollapse 16 November, 2014, 22:51

          Oh stop with your open carry crap. This is 2014, nor 1849. Just move to a town that has lenient CCW laws and carry under your jacket. People who like to open carry remind me of exhibitionists who get off on the shock value. Let’s all grow up and be adults. We live in a civilization today. The lone ranger and tonto are long gone, man. Carrying heat on your hip don’t make you a man. And no, the chics don’t dig it either. Please, grow up.

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          • California Right To Carry
            California Right To Carry 16 November, 2014, 23:00

            What you refer to as “open carry crap” is the right guaranteed by the Constitution of the United States and the right guaranteed by the Constitution of the State of California.

            You are obviously one of those people who seek to carry concealed for “secret advantages and unmanly assassinations.” District of Columbia v. Heller, 128 S. Ct. 2783 – Supreme Court (2008) at 2809 and are the living embodiment of why concealed carry was banned in the first place and should be banned today.

            Your preference for concealed carry and your opposition to Open Carry has no historical or legal precedent. It is without merit. Perhaps it is you who should move?

          • LetitCollapse
            LetitCollapse 17 November, 2014, 09:08

            You were born in the wrong era, CRC. You should have been around with Wyatt Earp and the gang. America is one of the few nations that allows a man to pack heat in his own home. Be happy with what you got. Concealed carry is not about assassinations, you dope. It’s about protection unless you’re a gang banger. And gang bangers shouldn’t be allowed to own a weapon in the first place. The 2nd amendment only applies to normal people who obey the laws and aren’t nuts. Just because you hang a hog on your hip it doesn’t make you a man, CRC. Go look for other ways to express your manhood. Positive ways. Hang out in country western bars, chew snuff and wear a cowboy hat. That may help your self-image. This isn’t the wild west, CRC. Jump in your time machine and hit the fast forward button. Americans don’t want to see your hog. Got it???? 😀

  11. Ulysses Uhaul
    Ulysses Uhaul 17 November, 2014, 09:06

    This guy is out of control. Time for the moderator to ban him…..he is sick.

    Reply this comment
    • Donkey
      Donkey 17 November, 2014, 13:08

      Are you referring to yourself Ahaul? I believe so!! 🙂

      Reply this comment
      • LetitCollapse
        LetitCollapse 17 November, 2014, 14:06

        I think AHual has his head stuck in a very dark humid place. When the other side is on a winning streak his first knee-JERK reaction is to play the censorship card. No surprise. It’s in the character of the group with which he hangs. All hand-wringing liberal fools! 😀

        Reply this comment
  12. SkippingDog
    SkippingDog 17 November, 2014, 16:16

    Lott’s thesis has long since been discredited, so it’s unsurprising that CWD and John Seilor would continue to rely on it to support their crackpot arguments.

    http://www.washingtonpost.com/blogs/wonkblog/wp/2014/07/29/more-guns-less-crime-not-exactly/

    The recent 9th Circuit decision addresses only the arbitrary elements in determining the “need” for a CCW by the San Diego Co. Sheriff. It doesn’t require any public official to issue a CCW. If you’d actually read the case, that fact would be clear.

    There are at least two similar cases under review by the 9th Circuit now, and the Attorney General is a party to each. This will eventually be resolved, but probably not to the satisfaction of the gun nuts among us. That’s a good thing.

    Reply this comment
  13. eck
    eck 17 November, 2014, 18:23

    gotta laugh. Debunked by a blog in the WaPo? That’s your evidence? Har har.

    Reply this comment
    • SkippingDog
      SkippingDog 18 November, 2014, 10:11

      The Post didn’t do the various research reviews it refers to in the article. You clearly need some work on your reading comprehension.

      Reply this comment
  14. Desmond
    Desmond 17 November, 2014, 18:34

    Does everyone believe crime is down significantly as published? That is not the impression I get from people in conversation. Many towns want more cops even though they brag about lower crime rates. Certainly, the impression in the world is that the USA is full of crime. That is what I hear from tourists. Perhaps, 5 million illegals will bring their peace loving culture.

    Reply this comment
    • LetitCollapse
      LetitCollapse 17 November, 2014, 22:19

      Those idiots who claim crime is down…..I dare them to walk one mile through dimly lit East LA or South LA neighborhoods at 1am. I tell them if they make it all the way without getting mugged I’ll buy them a free steak dinner afterwards. None of them take me up on the offer. Next time they start up I just tell ’em to cut the crap.

      Reply this comment
  15. desmond
    desmond 18 November, 2014, 04:11

    Are bonuses paid to cops and govt hacks for lower crime stats? Th.at explains it if true. Just another thing to lie about.

    Reply this comment
    • LetitCollapse
      LetitCollapse 18 November, 2014, 08:53

      Whenever crime goes down the cops take credit. Whenever it goes up they blame it on the economy. They are the biggest liars of all. They lie on the witness stand too. And their buddies back them up. A good cop that snitches off a bad cop just lost his career. He’s ostracized and shoved out of the nest. Everybody on the inside knows this. So shortly after pinning on the badge the good ones turn bad too. And you’d better believe it! 😉

      Reply this comment

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