[Home]  [Headlines]  [Latest Articles]  [Latest Comments]  [Post]  [Mail]  [Sign-in]  [Setup]  [Help]  [Register] 

"International court’s attack on Israel a sign of the free world’s moral collapse" "Pete Hegseth Is Right for the DOD" "Why Our Constitution Secures Liberty, Not Democracy" Woodworking and Construction Hacks "CNN: Reporters Were Crying and Hugging in the Hallways After Learning of Matt Gaetz's AG Nomination" "NEW: Democrat Officials Move to Steal the Senate Race in Pennsylvania, Admit to Breaking the Law" "Pete Hegseth Is a Disruptive Choice for Secretary of Defense. That’s a Good Thing" Katie Britt will vote with the McConnell machine Battle for Senate leader heats up — Hit pieces coming from Thune and Cornyn. After Trump’s Victory, There Can Be No Unity Without A Reckoning Vivek Ramaswamy, Dark-horse Secretary of State Candidate Megyn Kelly has a message for Democrats. Wait for the ending. Trump to choose Tom Homan as his “Border Czar” "Trump Shows Demography Isn’t Destiny" "Democrats Get a Wake-Up Call about How Unpopular Their Agenda Really Is" Live Election Map with ticker shows every winner. Megyn Kelly Joins Trump at His Final PA Rally of 2024 and Explains Why She's Supporting Him South Carolina Lawmaker at Trump Rally Highlights Story of 3-Year-Old Maddie Hines, Killed by Illegal Alien GOP Demands Biden, Harris Launch Probe into Twice-Deported Illegal Alien Accused of Killing Grayson Davis Previously-Deported Illegal Charged With Killing Arkansas Children’s Hospital Nurse in Horror DUI Crash New Data on Migrant Crime Rates Raises Eyebrows, Alarms Thousands of 'potentially fraudulent voter registration applications' Uncovered, Stopped in Pennsylvania Michigan Will Count Ballot of Chinese National Charged with Voting Illegally "It Did Occur" - Kentucky County Clerk Confirms Voting Booth 'Glitch'' Shifted Trump Votes To Kamala Legendary Astronaut Buzz Aldrin 'wholeheartedly' Endorses Donald Trump Liberal Icon Naomi Wolf Endorses Trump: 'He's Being More Inclusive' (Washed Up Has Been) Singer Joni Mitchell Screams 'F*** Trump' at Hollywood Bowl "Analysis: The Final State of the Presidential Race" He’ll, You Pieces of Garbage The Future of Warfare -- No more martyrdom! "Kamala’s Inane Talking Points" "The Harris Campaign Is Testament to the Toxicity of Woke Politics" Easy Drywall Patch Israel Preparing NEW Iran Strike? Iran Vows “Unimaginable” Response | Watchman Newscast In Logansport, Indiana, Kids are Being Pushed Out of Schools After Migrants Swelled County’s Population by 30%: "Everybody else is falling behind" Exclusive — Bernie Moreno: We Spend $110,000 Per Illegal Migrant Per Year, More than Twice What ‘the Average American Makes’ Florida County: 41 of 45 People Arrested for Looting after Hurricanes Helene and Milton are Noncitizens Presidential race: Is a Split Ticket the only Answer? hurricanes and heat waves are Worse 'Backbone of Iran's missile industry' destroyed by IAF strikes on Islamic Republic Joe Rogan Experience #2219 - Donald Trump IDF raids Hezbollah Radwan Forces underground bases, discovers massive cache of weapons Gallant: ‘After we strike in Iran,’ the world will understand all of our training The Atlantic Hit Piece On Trump Is A Psy-Op To Justify Post-Election Violence If Harris Loses Six Al Jazeera journalists are Hamas, PIJ terrorists Judge Aileen Cannon, who tossed Trump's classified docs case, on list of proposed candidates for attorney general Iran's Assassination Program in Europe: Europe Goes Back to Sleep Susan Olsen says Brady Bunch revival was cancelled because she’s MAGA. Foreign Invaders crisis cost $150B in 2023, forcing some areas to cut police and fire services: report Israel kills head of Hezbollah Intelligence. Status: Not Logged In; Sign In U.S. Constitution See other U.S. Constitution Articles Title: Peruta v San Diego Cty, no 2nd Amdt right to concealed Carry Source: 9th Circuit Court URL Source: [None] Published: Jun 9, 2016 Author: Circuit Judge W. Fletcher Post Date: 2016-06-09 16:48:27 by nolu chan Keywords: None Views: 31984 Comments: 127 Peruta v San Diego Cty, no 2nd Amdt right to concealed Carry Peruta et al v County of San Diego et al, 10-56971 (9th Cir, 9 Jul 2016) OPINION W. FLETCHER, Circuit Judge: Under California law, a member of the general public may not carry a concealed weapon in public unless he or she has been issued a license. An applicant for a license must satisfy a number of conditions. Among other things, the applicant must show “good cause” to carry a concealed firearm. California law authorizes county sheriffs to establish and publish policies defining good cause. The sheriffs of San Diego and Yolo Counties published policies defining good cause as requiring a particularized reason why an applicant needs a concealed firearm for self-defense. Appellants, who live in San Diego and Yolo Counties, allege that they wish to carry concealed firearms in public for self-defense, but that they do not satisfy the good cause requirements in their counties. They contend that their counties’ definitions of good cause violate their Second Amendment right to keep and bear arms. They particularly rely on the Supreme Court’s decisions in District of Columbia v. Heller, 554 U.S. 570 (2008), and McDonald v. City of Chicago, 561 U.S. 742 (2010). 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. Post Comment   Private Reply   Ignore Thread   Top • Page Up • Full Thread • Page Down • Bottom/Latest Begin Trace Mode for Comment # 42. #1. To: nolu chan (#0) "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." The U.S. Supreme Court in Heller said nothing about concealed carry. Meaning the lower courts are free to interpret "bear arms" as they see fit. Their decisions, of course, only apply to their jurisdiction. misterwhite  posted on  2016-06-09   17:18:52 ET  Reply   Untrace   Trace   Private Reply   #2. To: misterwhite (#1) The U.S. Supreme Court in Heller said nothing about concealed carry. Meaning the lower courts are free to interpret "bear arms" as they see fit. Their decisions, of course, only apply to their jurisdiction. Heller incorporated the 2nd Amendment against the Federal District of Columbia in 2008, but left the status of incorporation against the States undeclared. Opinion of the Court by Scalia. McDonald incorporated the 2nd Amendment against the States in 2010. Opinion of the Court by Alito. While the right to keep and bear arms in protected by the 2nd Amendment, the amendment does not state, claim, or imply that it either created or defined the right to keep and bear arms. The Framers felt no need to define what were, to them, the well known terms of English common law which had prevailed in the colonies and which were carried forth in the States after the revolution. The 2nd Amendment makes no allusion of the right to carry concealed weapons. I know of no law specifically for or against concealed carry from that era. The earliest concealed carry laws appear to have cropped up in 1813 in Kentucky and Louisiana. At the time, the 2nd Amendment did not apply to the States. Concealed carry may just not have been an issue back before the Constitution and Bill of Rights. Heller and McDonald make clear that the right to keep and bear arms is rooted in the English common law and that "the right to keep and bear arms is not 'a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose.'" Under Heller and McDonald it appears that there is nothing prohibiting a State from regulating or prohibiting the concealed carry of handguns. Prohibiting the carrying of handguns was held unconstitutional, but allowing open carry satisfies that. Of course, if Hillary appoints three or four justices to the Supreme Court, it may find that "common sense" regulations disarming United States civilians are lawfully justified by some emanation from some penumbra. McDonald at 20-21: Heller makes it clear that this right is “deeply rooted inthis Nation’s history and tradition.” Glucksberg, supra, at 721 (internal quotation marks omitted). Heller explored the right’s origins, noting that the 1689 English Bill of Rights explicitly protected a right to keep arms for self defense, 554 U. S., at ___–___ (slip op., at 19–20), and that by 1765, Blackstone was able to assert that the right to keep and bear arms was “one of the fundamental rights of Englishmen,” id., at ___ (slip op., at 20). Blackstone’s assessment was shared by the American colonists. As we noted in Heller, King George III’s attempt to disarm the colonists in the 1760’s and 1770’s “provoked polemical reactions by Americans invoking their rights as Englishmen to keep arms.” [16] Id., at ___ (slip op., at 21); see also L. Levy, Origins of the Bill of Rights 137–143(1999) (hereinafter Levy). The right to keep and bear arms was considered no less fundamental by those who drafted and ratified the Bill of Rights. “During the 1788 ratification debates, the fear that the federal government would disarm the people in order to impose rule through a standing army or selectmilitia was pervasive in Antifederalist rhetoric.” __________ [16] For example, an article in the Boston Evening Post stated: “For it is certainly beyond human art and sophistry, to prove the British subjects, to whom the privilege of possessing arms is expressly recognized by the Bill of Rights, and, who live in a province where the law requires them to be equip’d with arms, &c. are guilty of an illegal act, in calling upon one another to be provided with them, as the law directs.” Boston Evening Post, Feb. 6, 1769, in Boston Under Military Rule 1768–1769, p. 61 (1936) (emphasis deleted). McDonald at 39-40: It is important to keep in mind that Heller, while striking down a law that prohibited the possession of handguns in the home, recognized that the right to keep and bear arms is not “a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose.” 554 U. S., at ___ (slip op., at 54). We made it clear in Heller that our holding did not cast doubt on such longstanding regulatorymeasures as “prohibitions on the possession of firearms by felons and the mentally ill,” “laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.” Id., at ___–___ (slip op., at 54–55). We repeat those assurances here.Despite municipal respondents’ doomsday proclamations, incorporation does not imperil every law regulating firearms. McDonald at 40: Municipal respondents suggest that the Second Amendment right differs from the rights heretofore incorporated because the latter were “valued for[their] own sake.” Id., at 33. But we have never previously suggested that incorporation of a right turns on whether it has intrinsic as opposed to instrumental value, and quite a few of the rights previously held to be incorporated—for example the right to counsel and the right to confront and subpoena witnesses—are clearly instrumental by any measure. Moreover, this contention repackages one of the chief arguments that we rejected in Heller, i.e., that the scope of the Second Amendment right is defined by the immediate threat that led to the inclusion of that right in the Bill of Rights. In Heller, we recognized that the codification of this right was prompted by fear that the Federal Government would disarm and thus disable the militias, but we rejected the suggestion that the right was valued only as a means of preserving the militias. 554 U. S., at ___ (slip op., at 26). On the contrary, we stressed that the right was also valued because the possession of firearms was thought to be essential for self-defense. As we put it, self-defense was “the central component of the right itself.” Ibid. nolu chan  posted on  2016-06-10   1:29:05 ET  Reply   Untrace   Trace   Private Reply   #4. To: nolu chan (#2) "The earliest concealed carry laws appear to have cropped up in 1813 in Kentucky and Louisiana" And I believe those laws were against concealed carry, since the only reason to conceal a weapon was evil intent (or some such reasoning). misterwhite  posted on  2016-06-10   9:06:41 ET  Reply   Untrace   Trace   Private Reply   #7. To: misterwhite (#4) Georgia had a statute of 1837 overturned by the Georgia Supreme Court in 1846. Here the court found banning concealed carry was acceptable, but banning open carry was not. The Georgia case involved both the Federal and State constitutions. A law which merely inhibits the wearing of certain weapons in a concealed manner is valid. But so far as it cuts off the exercise of the right of the citizen altogether to bear arms, or, under the color of prescribing the mode, renders the right itself useless, it is in conflict with the Constitution, and void. nolu chan  posted on  2016-06-10   16:50:25 ET  Reply   Untrace   Trace   Private Reply   #8. To: nolu chan, misterwhite, roscoe, Y'ALL --- Three Amigos against our gun rights... (#7) nolu chan (#2) --- "The earliest concealed carry laws appear to have cropped up in 1813 in Kentucky and Louisiana" And I believe those laws were against concealed carry, since the only reason to conceal a weapon was evil intent (or some such reasoning). --- misterwhite (#4) NOLU ----Georgia had a statute of 1837 overturned by the Georgia Supreme Court in 1846. Here the court found banning concealed carry was acceptable, but banning open carry was not. The Georgia case involved both the Federal and State constitutions. A law which merely inhibits the wearing of certain weapons in a concealed manner is valid. But so far as it cuts off the exercise of the right of the citizen altogether to bear arms, or, under the color of prescribing the mode, renders the right itself useless, it is in conflict with the Constitution, and void. And, of course, the Constitution last mentioned above in Nunn, ---- was the US CONSTITUTION. Which infuriates you three amigos, who advocate that States can infringe on our gun rights. tpaine  posted on  2016-06-10   19:57:19 ET  Reply   Untrace   Trace   Private Reply   #18. To: tpaine (#8) Didn't you defend kookifornia several months ago and claim it was coming around? Isn't that why you pay the most for your servitude? It's looking real swell. GrandIsland  posted on  2016-06-11   20:01:36 ET  Reply   Untrace   Trace   Private Reply   #21. To: GrandIsland, misterwhite, roscoe, nolu Chan, gatlin, y'all (#18) Didn't you defend kookifornia several months ago and claim it was coming around? Isn't that why you pay the most for your servitude? It's looking real swell. I've never defended the liberals in California that claim the power to fringe on our gun rights. The only people I know who support that state power are your buddies here, -- misterwhite, roscoe, and nolu chan. How's that working out for you and gatlin? tpaine  posted on  2016-06-12   0:05:57 ET  Reply   Untrace   Trace   Private Reply   #22. To: tpaine, GrandIsland, misterwhite, roscoe, nolu Chan (#21) Didn't you defend kookifornia several months ago and claim it was coming around? Isn't that why you pay the most for your servitude? It's looking real swell. I've never defended the liberals in California that claim the power to fringe (Sic) on our gun rights. The only people I know who support that state power are your buddies here, -- misterwhite, roscoe, and nolu chan. How's that working out for you and gatlin? First of all, I don’t know that misterwhie, roscoe and nolu chan “support that state power” has the power to fringe (Sic) on our gun rights. I only know that you just said they support it. And your say-so not supported by any proof will not work for me since I have found your assumptive statements to support your preformed conclusions to be consistently untrustworthy as a source of factual information. However, that being the case, I will attempt to answer your question when you asked how “that” is working out for me. As I attempt to answer your question, I would need first to try understand why these noble, highly intelligent and dedicatedly patriotic gentlemen whom I hold in such high esteem would ever want, assuming they did, “an ornamental border consisting of short straight or twisted threads or strips hanging from cut or raveled edges or from a separate band” (Merriam-Webster definition of fringe) “on our gun rights” before I determine if state power could control anything to do with said “fringe.” Since I have not been privy to prior interchange discussions, I can however emphatically state without any question whatsoever that I hate the combination of bright yellow and dark purple on the “fringe” you have referenced. This opinion of being the ugliest color combination ever is shared by a member of DeviantArt which is the world's largest online social community for artists and art enthusiasts, allowing people to connect through the creation and sharing of art. My delirium in this situation that bothers you so much and one you have so boldly taken liberty to thrust me into is best compared to the somber side-effect of a nation placed under sedation which was induced by a heroin-like injected haze of obfuscation and I always have a trepid tentativeness conflicting with a strong desire to stay free of any association with all stupid irrationality you Paultards present. That said and speaking for myself, never for GrandIsland, the Commerce Clause making the regulation of gun sales a state power is working out fine with me. Our Constitution lays out a specific power structure of the federal government and its relationship to the powers of states. While the Constitution does protect the rights of all private citizens to bear arms, the regulation of gun sales should be left to the states with the federal government maintaining its role of regulating interstate commerce. I trust this answer has satisfied your curiosity and I will forever remain at a total loss to understand why you pinged me to pose such an “out of the blue” question. Gatlin  posted on  2016-06-12   3:40:52 ET  Reply   Untrace   Trace   Private Reply   #42. To: Gatlin (#22) First of all, I don’t know that misterwhie, roscoe and nolu chan “support that state power” has the power to fringe (Sic) on our gun rights. To clear that up, no, I have never said such a thing, and tpaine just likes to make things up. tpaine crazily imagines the Second Amendment extends to any and all weapons, and I believe the right was carried over from the English common law and the English Declaration of Rights signed into law February 13, 1689 by William and Mary on the day of their ascension to the throne. A standing army at peacetime without the consent of Parliament is illegal. That the raising or keeping a standing army within the kingdom in time of peace, unless it be with consent of Parliament, is against law. All protestants have the right to bear arms for defense. These the subjects which are Protestants may have arms for their defence suitable to their conditions and as allowed by law. So, no, you do not have a right to keep and bear nuclear weapons, or other weapons not allowed by law. The question is not which part of the right can be infringed (none), but what is encompassed by the right. The right is one that the colonists enjoyed before July 4, 1776, and which they retained after the revolution, and which is constitutionally protected. First, the people protected their right in their State constitutions: North Carolina Constitution of 1776 XVII. That the people have a right to bear arms, for the defence of the State; and as standing armies, in time of peace, are dangerous to liberty, they ought not to be kept up; and that the military should be kept under strict subordination to, and governed by the civil power. Pennsylvania Constitution of 1776 XIII. That the people have a right to bear arms for the defence of themselves and the state; and as standing armies in the time of peace are dangerous to liberty, they ought not to be kept up; And that the military should be kept under strick subordination to, and governed by, the civil power. Vermont Constitution of 1777 XV. That the people have a right to bear arms for the defence of themselves and the State; and, as standing armies, in the time of peace, are dangerous to liberty, they ought not to be kept up; and that the military should be kept under strict subordination to, and governed by, the civil power. Virginia Bill of Rights of 1776 Sec. 13. That a well-regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defence of a free State; that standing armies, in time of peace, should be avoided, as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by, the civil power. Chief Justice Taft said that the Constitution "cannot be interpreted safely except by reference to the common law...." Ex Parte Grossman, 267 US 87, 118-19 (1925), Chief Justice Taft, Opinion of the Court The language of the Constitution cannot be interpreted safely except by reference to the common law and to British institutions as they were when the instrument was framed and adopted. The statesmen and lawyers of the Convention who submitted it to the ratification of the Conventions of. the thirteen States, were born and brought up in the atmosphere of the common law, and thought and spoke in its vocabulary. They were familiar with other forms of government, recent and ancient, and indicated in their discussions earnest study and consideration of many of them, but when they came to put their conclusions into the form of fundamental law in a compact draft, they expressed them in terms of the common law, confident that they could be shortly and easily understood. Jefferson wrote about constitutional interpretation that attempts to find meanings that may be squeezed out of the text. Letter of Thomas Jefferson to William Joohnson, June 12, 1833 2. on every question of construction, carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text, or invented against it, conform to the probable one in which it was past. nolu chan  posted on  2016-06-12   18:21:27 ET  Reply   Untrace   Trace   Private Reply   Replies to Comment # 42.         There are no replies to Comment # 42. End Trace Mode for Comment # 42. Top • Page Up • Full Thread • Page Down • Bottom/Latest

[Home]  [Headlines]  [Latest Articles]  [Latest Comments]  [Post]  [Mail]  [Sign-in]  [Setup]  [Help]  [Register]  Please report web page problems, questions and comments to webmaster@libertysflame.com