9th Circuit rules that public carry is protected by the 2A

**alpacaheat** · July 25th, 2018, 09:42 AM

This is a shocking ruling from this court, who typically gets EVERYTHING completely backwards.

**mikelets456** · July 25th, 2018, 02:02 PM

Originally Posted by theshadow

I'm going to disagree. A friend brought this up on an private mailing list, and it makes a lot of sense to me. I don't think they will risk en-blank. Too much to loose, just like May Issue in D.C. since he said it better I'll post his words:

"My (non-lawyer) thinking: If they go en banc, the 9th will likely side with them, and then the case will all but certainly be appealed to SCOTUS. With Kavanaugh likely on board by then, will Chief Justice Roberts finally accept this case? If that happens, there’s a fair chance they’ll lose, and that loss will set precedent for the entire country.

As with DC losing its may-issue case a few months back, it’s largely believed the remaining may-issue jurisdictions pressured DC into accepting their loss and becoming shall-issue.

PERHAPS those same pressures will be brought to bear on the Aloha state and they’ll opt for becoming shall-issue rather than risk it for the entire country.

As I said, I’m no lawyer, but that path wouldn’t surprise me. I believe that’s why DC is (thankfully) now shall-issue. Had they appealed and lost, all the other may-issue states would have been flipped to shall-issue pretty quickly.

That’s my simplistic logic on this, anyway. Perhaps there’s good reason I’m a propeller head computer geek and not a lawyer."

Very good points, never thought of it that way.

**RenoV8** · July 25th, 2018, 04:05 PM

Originally Posted by theshadow

I'm going to disagree. A friend brought this up on an private mailing list, and it makes a lot of sense to me. I don't think they will risk en-blank. Too much to loose, just like May Issue in D.C. since he said it better I'll post his words:

"My (non-lawyer) thinking: If they go en banc, the 9th will likely side with them, and then the case will all but certainly be appealed to SCOTUS. With Kavanaugh likely on board by then, will Chief Justice Roberts finally accept this case? If that happens, there’s a fair chance they’ll lose, and that loss will set precedent for the entire country.

As with DC losing its may-issue case a few months back, it’s largely believed the remaining may-issue jurisdictions pressured DC into accepting their loss and becoming shall-issue.

PERHAPS those same pressures will be brought to bear on the Aloha state and they’ll opt for becoming shall-issue rather than risk it for the entire country.

As I said, I’m no lawyer, but that path wouldn’t surprise me. I believe that’s why DC is (thankfully) now shall-issue. Had they appealed and lost, all the other may-issue states would have been flipped to shall-issue pretty quickly.

That’s my simplistic logic on this, anyway. Perhaps there’s good reason I’m a propeller head computer geek and not a lawyer."

The entire country is going to be open carry and all of the left arguments are going to be quashed once Kavanaugh is sitting on the Bench. A lawyer friend of mine said there are many cases being prepped, as we speak, to give the SCOTUS an oppotunity to hear them. He also said the law is on our side and the gross misrepresentation and underhanded activism in the courts is going to come to a screeching halt...

**Sgt.K** · July 25th, 2018, 05:07 PM

Originally Posted by RenoV8

The entire country is going to be open carry and all of the left arguments are going to be quashed once Kavanaugh is sitting on the Bench. A lawyer friend of mine said there are many cases being prepped, as we speak, to give the SCOTUS an oppotunity to hear them. He also said the law is on our side and the gross misrepresentation and underhanded activism in the courts is going to come to a screeching halt...

And the Hearing Protection Act is going to pass within weeks of Trump taking office. Much as I'd like to believe it, I'll wait until I see it.

**press1280** · July 25th, 2018, 05:53 PM

Originally Posted by Statkowski

Even with a full 9th circus, wouldn't it be kind of hard for them to justify banning both open and concealed carry? I'm sure they'll figure a way to do it, if they accept the full circus request. All they really have to do is let the three-judge ruling stand, which would thoroughly screw Hawaii and California.

Exactly. They backed themselves into a corner by reversing Peruta. now their options are to let this stand or declare the right doesn't apply outside the home. But I give it a fair chance that they will try to reverse this and come up with an explanation that a public carry scheme that never issues a permit is somehow a regulation, and not a destruction of the right.

**RTF92.5** · July 27th, 2018, 06:51 AM

Originally Posted by eagleclaw

Does someone have dirt on the judges to blackmail them into this ruling? It's the second pro gun ruling they made it a week.

O'Scannlain is the one who authored Peruta. Very curious to see how these will all play out... and if the "plan" is to not appeal these wins to prevent SCOTUS precedent, if Thomas and the 9th Circus will be able to control themselves and not take this up Sua Sponte.

**RenoV8** · July 29th, 2018, 11:07 AM

When you obstruct, you only have so many moves, before you run out of options...I think the 9th has made their last move...everything else from here is going our way, which was the law to begin with.