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Ninth Circuit Ruling on Peruta v. Cty. of San Diego


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#181 chislinger

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Posted 01 May 2017 - 06:36 PM

Who's Cliff ???

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"I'm not worried about following the U.S. Constitution." - Washington County, Alabama Judge Nick Williams

#182 Gamma

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Posted 01 May 2017 - 09:31 PM

 

Read the responses to my post "Is Concealed Carry a Right Under the Second Amendment? Make your case here."
 
After having read all of the responses, if you still don't understand why concealed carry should be banned then there is nothing that I can add which will make you understand.


Cliff notes please

 

Charles wants to ban concealed carry, and posts a bunch of 19th century court decisions as support.

 

Nothing anyone says is going to make any difference to his quest.


Illinois' FCCA is a prime example of the maxim that sufficiently advanced incompetence is indistinguishable from malice.

#183 ChicagoRonin70

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Posted 01 May 2017 - 10:57 PM

 

 

Read the responses to my post "Is Concealed Carry a Right Under the Second Amendment? Make your case here."
 
After having read all of the responses, if you still don't understand why concealed carry should be banned then there is nothing that I can add which will make you understand.


Cliff notes please

 

Charles wants to ban concealed carry, and posts a bunch of 19th century court decisions as support.

 

Nothing anyone says is going to make any difference to his quest.

 

 

So, I've been gone for a bit and just came back recently, but it seems that this Charles Nichols guy wants only open carry, and to ban concealed carry? Do I have that right?

 

I'm wondering where in the Constitution it says, "the right of the people to keep and only openly bear Arms, shall not be infringed."

 

My copy doesn't say that. Was there an update?

 

I'm all for everyone having the option of openly carrying; I do so in the field or about my home, but there are numerous places where doing so makes one a target and reduces the deterrent and surprise effect of criminals and violent individuals not knowing that I (or someone else) have a firearm. In fact, if I were open carrying in at least one of the defensive display incidents that I have had, I have no doubt that I would have been shot preemptively by the offenders. The surprise of me suddenly pulling out my firearm distracted them enough to allow the situation to not devolve into a shooting incident.

 

So, that alone makes the only-open carry option problematic and thus invalidates it.


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#184 Charles Nichols

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Posted 04 May 2017 - 01:16 AM

Although I hope that the Peruta cert petition is granted, don't be surprised if a couple of justices file a concurrence to the denial of cert.  Justice Thomas' may very well copy and paste from what he said before:

 

In another case, Justice Thomas had this to say in his dissent:

“The protections enumerated in the Second Amendment, no less than those enumerated in the First, are not absolute prohibitions against government regulation. Heller, 554 U. S., at 595, 626-627. Traditionally, States have imposed narrow limitations on an individual’s exercise of his right to keep and bear arms, such as prohibiting the carrying of weapons in a concealed manner or in sensitive locations, such as government buildings. Id., at 626-627; see, e.g., State v. Kerner, 181 N. C. 574, 578-579, 107 S. E. 222, 225 (1921). But these narrow restrictions neither prohibit nor broadly frustrate any individual from generally exercising his right to bear arms.

Here is an excerpt from Justice Thomas’ citation to State v. Kerner:

“It is also but a reasonable regulation, and one which has been adopted in some of the states, to require that a pistol shall not be under a certain length, which, if reasonable, will prevent the use of pistols of small size, which are not borne as arms, but which are easily and ordinarily carried concealed. To exclude all pistols, however, is not a regulation, but a prohibition, of arms, which come under the designation of “arms” which the people are entitled to bear.”

State v. Kerner, 181 N.C. 574, 578 (N.C. 1921).

Justice Thomas clearly does not think that banning concealed carry violates the Second Amendment. 

And then there is Justice Alito who would have upheld a Federal law making mere possession of a short barreled shotgun by felons a violent felony for several reasons, one of which is they can be concealed.

So tell us again, which four justices are going to grant the cert petition and which five justices are going to vote for a decision which says that states can ban Open Carry in favor of concealed carry?



#185 chislinger

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Posted 04 May 2017 - 06:03 AM

So tell us again, which four justices are going to grant the cert petition and which five justices are going to vote for a decision which says that states can ban Open Carry in favor of concealed carry?

Excluded middle fallacy.
"I'm not worried about following the U.S. Constitution." - Washington County, Alabama Judge Nick Williams




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