Feb 13, 2014

California handgun carry: My lawyer can kick the s..t out of your lawyer

It's a little early to plan the party welcoming California back into the federal union, but a happy sign appeared today.

A three-judge panel of the Ninth Circuit has ruled that California de facto handgun carry bans are unconstitutuonal.

The link takes you to the full text of the 2-1 decision.  I've read only a few pages so far.  Media commentary suggests the case will go before the full Ninth and to the Supreme Court. Because other federal courts have ruled otherwise, SCOTUS will probably agree to hear the case.

In the early pages I've read, the Ninth panel buys the notion that the Second Amendment creates no right. Rather, it guarantees a pre-existing (or "natural?") right. I think I remember some of us making that point a time or two.

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EDIT TO ADD:  Recommended: David Kopel's Washington Post explanation of  the decision and its limits. This guy thinks like a lawyer but writes like a writer. Nice combination.

3 comments:

dennisranch.com said...

Interesting. Thanks for posting and the lowest link.. only one I read... hope this works out for them.. I always thought it odd that people could not see that anyone has the ability to murder another person with an astounding number of articles at any time, such as a car or a knife or even a club... the old saying about Mr Colt making people equal hold true to this day.. tho' with me, at this time, it would be Mr Ruger..

Jim said...

My main hawg leg is a Ruger, too. I was way too smart to fork over for a Colt back in the day. Why, one of them could set a cowboy back $150, maybe even $200.

(Sob)

dennisranch.com said...

Yup.... my grandfathers "fast" gun was a 25-20 Winchester... shot so much it was shot, so to speak.. the barrel at least... anyway, my father always told me whom ever ended up with the ranch, the 25-20 and several other old items that cam from my grandmother and grandfather were to stay on the ranch, they belonged here, not carted off to where ever... years later after he died and my mother had made us a deal on the ranch, we were moving her to town and my older brother was here helping and whining as he didn't end up with the ranch (not my choice, his choices, so to speak and my fathers)and carrying on and "sure wishing he could at least have a few things"... we had never gotten on well, but I, being the bigger man decided what the hell, let him have the rifle. Sure it was guilt, tho' there shouldn't have been any, but he was older and wiser about guilting than I was... sad to say, he still has it, has no son's he gets along with and I worry what will become of it. I have offered to buy it back and made him assure me is he ever wants or needs to sell it, that I get first chance at it... I really doubt I will ever get it other than thru' theft, which I so far have chosen to rise above... so... long story shorter, I just decided to buy another similar to it to show the children and grand children what was considered the epitome of a real gun. Fast, accurate, easy to find ammo for in it's day... I passed up several as they were much to high at $400 and now, I still can't find one I can bear to spend even these worthless green back on... oh well, what is that about hindsight?