As it appears, there is nefarious shenanigans developing within the heart of the 9th Circuit Court of Appeals in California. By a vote of 7-4, the 9th Circuit Court of Appeals in San Francisco ruled on Thursday, that there is no Constitutional right to carry a concealed handgun.
Yes my fellow Patriots, you read that correctly. They agreed that any person concealing a handgun outside the home, must show “good reason” to do so before they can acquire a state license to conceal.
They concluded with; “The protection of the Second Amendment – whatever the scope of that protection may be – simply does not extend to the carrying of concealed firearms in public by members of the general public.”
They have also declined to say whether the Constitution protects the right to openly carry a firearm in public, stating that the question was not an issue in this particular case.
Gun owners in two California counties are now challenging the requirement of showing “good cause” as will be defined by local county sheriffs, before they can get a concealed carry permit.
It has been stated that the justices took the time to trace the rights of gun ownership from medieval England to the founding of the United States through the Civil War and found that local laws almost universally prohibited carrying concealed firearms in public. Of course this is an absolutely ludicrous statement, considering they call themselves scholars.
Quoting an antiquated and since overruled U.S. Supreme Court ruling from 1897 that states; “the right of the people to bear arms is not infringed by laws prohibiting the carrying of concealed weapons.”
The appeals court stated that it used typical U.S. Supreme Court methods of looking to our history to resolve gun rights issues, although I believe the history they used was taken out of context.
They stated; “ Because the Second Amendment does not protect in any degree the right to carry concealed firearms in public, any prohibition or restriction a state may choose to impose on concealed carry – including the requirement to “good cause” however defined – is necessary allowed by the Amendment.”
Of course there many states that have similar restrictions on concealed carry, and as seen by Supreme Court ruling those lower courts are divided as to whether this violates the Second Amendment. In many articles supporting the decision, they refer back to the U.S. Supreme Court ruling in 2008 Heller vs DC, stating that this was the last time they have heard a Second Amendment case.
What these slanted, media-hype articles fail to include is the U.S. Court of Appeals for the DC district ruled that; “the Second Amendment protects an individual right to keep and bear arms” also stating that the right was “premised on the private use of arms for activities such as hunting and self-defense, the latter being understood as resistance to either private lawlessness or the depredations of a tyrannical government (or a threat from abroad).”
The U.S. Court of Appeals DC district furthermore stated; “that though the right to bear arms also helped preserve the citizen militia, the activities [the Amendment] protects are not limited to militia service, nor is an individual’s enjoyment of the right contingent upon his or her continued or intermittent enrollment in the militia.” The court determined that handguns are “Arms” and concluded that as thus, they may not be banned by the District of Columbia.
In DC v Heller, the Supreme Court upheld the U.S. Court of Appeals DC decision, and our late Justice Antonin Scalia handed down their prolific opinion which was supported by Chief Justice John G. Roberts Jr., and Justices Anthony M. Kennedy, Clarence Thomas and Samuel A. Alito Jr. In the home or not, We the People have a right to protect ourselves, period.
I have to hold my tongue when writing about this particular topic, especially when liberal-minded scholars, sitting atop the bench in a long stoic robe rule that our Second Amendment right, defined within our Constitution does not protect the individual sovereign’s right to self-preservation. These rights are not gifts given to us by our government, but rather rights bestowed upon us by our Creator and further protected through our Bill of Rights. These rights of self-preservation are inherent, and our government has no right to infringe upon them.
When the Supreme Court struck down provisions within the Firearms Control Regulations Act of 1975, determining it to be unConstitutional, their decisions left no doubt as to what they thought about handguns and their relation to the Second Amendment. They struck down the portion of the Regulations Act that requires all firearms including rifles and shotguns to be kept “unloaded and disassembled or bound by a trigger lock.” Prior to this landslide decision, the Firearms Control Regulation Act of 1975 also restricted residents from owning handguns.
I believe this clearly shows that our Supreme Court Justices determined that upholding the Second Amendment was the “right” thing to do. Although the 9th Circuit Court of Appeals really has no authority to overturn Supreme Court rulings, they can and will continue to infringe upon our rights, anytime they can. We all must “stand tall” and help our brothers and sisters in California (Commiefornia) for most, overcome and prevail throughout these trying times.
I will add, that each state has the right to rule as they see fit, as was provided for in our Constitution, but in a state with the most gun control restrictions on the books, they still do understand that gun control cannot prevent evil people from committing evil deeds. Only good men and women trained and carrying firearms, can.
Gun Up, train and carry… like a well-regulated citizen – Patrick James