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    The Road to Tyranny by Don Jans

    US Appeals court rules Americans don’t have right to open carry guns in public

    By  

    On Wednesday, an en banc panel of the US Court of Appeals for the 9th Circuit ruled that the second amendment right to keep and bear arms does not citizens include the right to carry a firearm, either openly or concealed, in public .

    The court issued the ruling in the case of George Young Jr. V Hawaii, a lawsuit challenging a Hawaii firearm licensing law, which states residents seeking license to openly carry a firearm in public must demonstrate “the urgency or the need” to carry a firearm, must be of good moral character, and must be “engaged in the protection of life and property.” The court said, “There is no right to carry arms openly in public; nor is any such right within the scope of the Second Amendment.”

    The majority opinion also states “we can find no general right to carry arms into the public square for self-defense.” The majority further argued that the second amendment applies to the “defense of hearth and home” and “the power of the government to regulate carrying arms in the public square does not infringe in any way on the right of an individual to defend his home or business.”

    Read the rest of the story on the American Military News 

     

    Meanwhile, several unconstitutional “gun control” bills at the federal level are moving through Congress, such as HR127.


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    94 COMMENTS

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    Andy Worthington
    Andy Worthington
    3 years ago

    Let me guess! The ninth circuit, gee, how did I guess that? The United States has a higher gun ownership per person than any country in the world yet it is 94th from the top in terms of gun deaths! That’ll make it pretty obvious that gun ownership has little to do with murder rates!

    C E Voigtsberger
    C E Voigtsberger
    3 years ago

    There is a reason why it is called the 9th Circus Court, the most overruled of all the federal district courts. I think that is an insult to circuses everywhere which are professionally run organizations.

    Apparently reading is low on requirements to be appointed to a federal district court. They apparently didn’t get to the point about “. . .and bear arms shall not be . . .”

    So it is okay to walk around your house with a firearm on your side but don’t step outdoors with same. It’s nice that they recognize the importance of being able to defend one’s home against warrantless invasions by rogue cops but we are fair game if we step outside. Any time some cowardly goon feels like beating up on a 75 year old because of his or her ethnicity, why that is perfectly okay.

    Funny how bureaucrats feel the need for armed guards all around them and armed escorts when they venture out of their enclaves but for the serfs, well, they are on their own. Hope they can run fast.

    Mart
    Mart
    3 years ago

    The right is not to protect hearth and home, but to be able to defeat bad government.

    Dan
    Dan
    3 years ago
    Reply to  Mart

    Or another government like the British back in the day

    Andy Worthington
    Andy Worthington
    3 years ago
    Reply to  Mart

    Were you there when they wrote it! It clearly states in the amendment that one of the reasons for it was to oppose a tyrannical government! You weren’t going to do that from inside your house! Read the second amendment before you sound off about it!

    Gretchen Taylor
    Gretchen Taylor
    3 years ago

    It’s been studied and shown that the more people who carry guns, the fewer violent crimes against persons there are. There are books written based on the studies and numbers (statistics). The people who commit the crimes are least likely to have obtained the weapons legally. Either way, there are fewer people dying from guns than from car accidents. What shall we do about that? That is not protected by our constitution as the weapons are…

    Dan
    Dan
    3 years ago

    Seems the more cars u have the more car deaths you have, the more heroin In the country, the more heroic deaths you have. So the more guns you have, will likely lead to more guns deaths.

    Andy Worthington
    Andy Worthington
    3 years ago

    About 80% of gun crimes are committed with stolen or illegally trafficked guns!

    Sue
    Sue
    3 years ago
    T28fog
    T28fog
    3 years ago

    Gee, how does one defend themselves from the unexpected if they can’t carry a weapon openly or concealed? You have no right to bear arms if you can’t bear them ! Court is trying to make law in opposition to the constitution

    Steve
    Steve
    3 years ago

    They will have to get my guns out of my cold dead hands.

    Denise
    Denise
    3 years ago

    I do own a handgun for home protection. My only thought is why do I need a AK47? Or a weapon big enough to bring down a herd of Elephants??

    C. Collier
    C. Collier
    3 years ago
    Reply to  Denise

    If you shoot an elephant with an AK or AR, you’re just going to piss it off.

    Andy Worthington
    Andy Worthington
    3 years ago
    Reply to  C. Collier

    And you’ll only do it once!

    C E Voigtsberger
    C E Voigtsberger
    3 years ago
    Reply to  C. Collier

    Actually, the AK is the preferred weapon of ivory poachers in Africa. It is cheap and plentiful as opposed to sporting rifles designed for lawful elephant hunting. Poachers don’t care if they ruin all the meat from the animal and have to expend a couple of magazines of cheap ammunition to bring it down.

    A good sporting elephant gun is designed to dispatch the animal humanely and as expeditiously as possible requiring only one or two rounds of expensive ammunition. One can easily pay two or three thousand dollars or more for a quality elephant gun and well over three dollars a round for the ammunition it fires. Compare that to an AK which goes for perhaps the equivalent of $50 in the currency of whatever country in Africa the poacher is operating and the cost of AK ammo at less than a dollar a round. Poachers don’t care if the animal suffers while being pumped full of military ammunition. All they are interested in is the ivory.

    A legitimate big game hunter donates his meat to the closest village which generally is limited in its protein intake. Which is another reason to use as few rounds as possible and dispatch the animal as quickly as possible.

    Craig
    Craig
    3 years ago
    Reply to  Denise

    An AK-47 could not bring down a herd of elephants. The 7.62x39mm round is very inadequate for that purpose. While it is significantly more powerful than most pistol rounds, it ranks fairly low in power in the rifle realm. Similar to the AR15 round which is illegal due to lack of power or is at the very lowest limit for even Deer hunting. Both the AR and AK do have a place in varmint hunting where they excel. The biggest problem I see is the restrictions places like California are placing on weapons are they use the “scary appearance” criteria for restriction. This only affirms my belief that they really have no basic knowledge of firearms. Wether or not it has a flash suppressor or a pistol grip does not add to its lethality. The ill informed media spreads incorrect information possibly without even knowing it and it taken in by a crown who is not informed either. It seems like a firearm is the only inanimate object that is almost always blamed instead of the human holding it. More people are killed yearly with hammers and bats than with AR15s and AK47s. I hope you never use your handgun but I am glad you have the right to have it.

    RIck
    RIck
    3 years ago
    Reply to  Craig

    Exactly

    C E Voigtsberger
    C E Voigtsberger
    3 years ago
    Reply to  Denise

    Sorry, but that is a sophistic argument. The Second Amendment does not describe the type of arms (plural) that citizens have a right to bear. Rules among the several original colonies required members of the militia (all able bodied males between certain ages) carry the latest military arm, a musket and bayonet or musket and sword. The wealthy of many towns purchased canon and shot for use by the town’s militia. Again, the latest word in military armament. Many trading posts on the fringes of the frontier had swivel guns mounted on the walls surrounding the post. A swivel gun can be described as either a very large shotgun or a small bore canon. They generally fired grape shot which again can be described as either a very large charge of shotgun pellets or a small charge of anti-personnel projectiles. Sort of an early version of the Claymore presently employed by U.S. military forces or the M-79 which has been replaced by a more capable but similar firearm.

    With law enforcement being hindered more and more in the use of force during riots a handgun becomes less of a lethal force in the face of rioters burning and looting. A dictum among shootists is “A pistol is what you use while making your way to your rifle.” A rifle is the most effective hand held firearm for self defense. The business owners who defended their businesses doing the LA riots used rifles, semi automatic AKs M-16 look alikes and so forth They did not use pistols to defend their businesses against rioters bent on mayhem, looting and destruction.

    As for choice of caliber. After declaring that the .223 round was perfectly adequate for military use for fifty years, in recent years the military has been desperately searching for the perfect military round, something larger than the .223 but is cheap and easier to carry a bunch than the more effective round that was the U.S. standard for fifty years, the .30-06.

    Of course, for some of us, the Second Amendment means that if I want to possess a machine gun or a 105 mm canon, the Second Amendment says that I shall not be precluded from owning such.

    Dan
    Dan
    3 years ago
    Reply to  Denise

    If someone else starts shooting an ak, you might not want a pistol to fight back with.

    Andy Thomas
    Andy Thomas
    3 years ago

    Then how would you take a gun to another place like church where two congregants shot a looney shooting up the church? Don’t forget, this was the 9th Circuit Court from California. Need I say more?

    Jumpy
    Jumpy
    3 years ago

    How can I look like a bad ass now!

    Tommy
    Tommy
    3 years ago

    It’s ok for criminals to carry guns but not law abiding citizens that want to defend themselves. You can bet that judge has armed body guards around him. That is more leftest trying to take away your rights. Get the guns away from criminals and maybe we won’t have to carry them ourselves. Start with the criminals instead law abiding citizens.

    Twag
    Twag
    3 years ago
    Reply to  Tommy

    Makes it easy to identify criminals — they are the ones carrying guns in public.

    Andy Worthington
    Andy Worthington
    3 years ago
    Reply to  Twag

    I assure you, criminals don’t carry their guns where you can see them!

    Trigger
    Trigger
    3 years ago

    This is how you will be stripped of your Rights. Leftists judges.

    Sabrina
    Sabrina
    3 years ago
    Reply to  Trigger

    Or protect of us from “people who have lapses in judgment and character” who just decide to start shooting! Protect our families and our leftist judges!!

    Joe Bradley
    Joe Bradley
    3 years ago
    Reply to  Sabrina

    I, and my fellow citizens, are much closer and more numerous than police can be. We will protect you.

    Dan
    Dan
    3 years ago
    Reply to  Joe Bradley

    Didn’t work so well in Boulder. Sandy hook, aurora or Vegas, Orlando, and all places w mass shootings

    Citizen Reporter
    2 years ago
    Reply to  Dan

    Not enough armed patriots around?

    It wouldn’t have helped in Vegas though, against that nutcase from shooting from way high up. No one even knew where it was coming from at first.

    Sue
    Sue
    3 years ago

    This will go to the Supreme Court and be overturned if the state allows open carry. Have patience.

    Andy Worthington
    Andy Worthington
    3 years ago
    Reply to  Sue

    I agree it will be over turned however how many more years will it be before they will no longer overturn it!

    Guy that don’t give one fuk
    Guy that don’t give one fuk
    3 years ago

    This is preposterous. They can all back off or they will be handled.

    Sayitaintso
    Sayitaintso
    3 years ago

    Tell the A9th circuit judges to get out of their bunker and look around, CRIMINALS are walking around with guns and until you can stop them, DONT infringe on law biding citizens rights.

    Badgoodgirl
    Badgoodgirl
    3 years ago

    This ruling is unconstitutional because the word “bare” means to keep open to see. That is our rights, plain and simple.

    C. Collier
    C. Collier
    3 years ago
    Reply to  Badgoodgirl

    Well, that’s accurate, to an extent; however, the word used in the 2nd is “bear”, which means “to carry”.

    Cat
    Cat
    3 years ago
    Reply to  Badgoodgirl

    It’s not bare it’s BEAR. Jeesh.

    Karen
    Karen
    3 years ago
    Reply to  Cat

    Let’s not be critical of typos ! There are no English degrees here!

    C E Voigtsberger
    C E Voigtsberger
    3 years ago
    Reply to  Karen

    Words are important. Just ask Clinton what the meaning of the word “is” is.

    Andy Worthington
    Andy Worthington
    3 years ago
    Reply to  Karen

    Point taken!

    Andy Worthington
    Andy Worthington
    3 years ago
    Reply to  Badgoodgirl

    I believe the word you’re looking for is “BEAR”! I don’t think the founders really cared whether the gun or you were naked!

    Brook
    Brook
    3 years ago

    The 9th circuit is a liberal court anyway – this now should bring that case to the Supreme Court.

    Marv
    Marv
    3 years ago
    Reply to  Brook

    The 9th is the most overturned court (federal district court). They regularly get slapped by the Supreme Court. What sucks is the wait for the Supreme Court to hear and rule, can literally take years.

    Bill
    Bill
    3 years ago

    Please! The 9th District Court is in San Francisco. No further discussion required.

    Ajom
    Ajom
    3 years ago
    Reply to  Bill

    9th Circuit Court jurisdiction encompasses ALL western states, Hawaii, Alaska and Guam.

    Andy Worthington
    Andy Worthington
    3 years ago
    Reply to  Bill

    Don’t worry, if you’re attacked in San Francisco you can just pick up one of the numerous used hypodermic needles on the street and stab somebody with it!

    Matt
    Matt
    3 years ago

    It’s not the ones that carry legal killing people it’s the one that will carry for harming others or taking whatever they want from someone regardless of laws they will find ways of getting a gun or whatever else they may need to intimidate one into giving them what they want I only carry to save me,my family and or others from being put into a scary situation

    Kevin Huff
    Kevin Huff
    3 years ago

    What about baseball bats? Can we walk around with these? Next thing will be you will have to register those and then we will have those taken off of us!! Any number of things can be a weapon!! Guns and baseball bats don’t hurt anybody it’s the idiots behind them! When are our so called leaders going to accept that?

    Dunner
    Dunner
    3 years ago
    Reply to  Kevin Huff

    It’s the people too…the ones in gated communities or have security…ur average joe workin to live is not sayin we shouldn’t bear arms!

    C E Voigtsberger
    C E Voigtsberger
    3 years ago
    Reply to  Kevin Huff

    Actually, you will find that if you are carrying a baseball bat in some place where such is unusual you may well find yourself ordered to the ground and told to spread eagle. Intent comes into play here and unless you are able to demonstrate a valid purpose for carrying a baseball bat into Von’s you may well find that you are compelled to have your attorney argue your intent to a jury. Look up all the proscribed articles in the penal code. You will have to search around because they are covered under different sections. You will be amazed at the number of items that are prohibited. In addition, carrying most of them or possessing them is a felony, not a misdemeanor. Your masters in Schitzomento do not want the serfs going about with dangerous implements. It might be the precursor to an uprising.

    Matt
    Matt
    3 years ago

    I’ve have permits and my wife we want stop carrying

    Imen
    Imen
    3 years ago
    Reply to  Matt

    What need is english good have you

    Andy Worthington
    Andy Worthington
    3 years ago
    Reply to  Matt

    No problem there

    VCSurfer
    VCSurfer
    3 years ago

    Article has a low rating. A classic case of killing the messenger.

    Ken Butler
    Ken Butler
    3 years ago

    Someone needs to forward theses comments to the FBI. I’m more than sure many of these comments are from people who tried and will try again to overthrow the government.

    C. Collier
    C. Collier
    3 years ago
    Reply to  Ken Butler

    Oh, my. Yes, we must be concerned about people who care about protecting the Constitution (and their families). The Constitution does present a clear and present danger to the current Socialist regime.

    F the 9th Circuit
    F the 9th Circuit
    3 years ago

    The 9th circuit court is and has been a court of cowardice and I hope those court officers get confronted by a criminal who illegally possess and threatens them. Only then will these cowards understand the need to always have a source to defend themselves and others that are forced to be victims. This court of pussies make me sick! Why aren’t they including cars. How many vehicles are used annually as weapons to kill and mame.

    C. Collier
    C. Collier
    3 years ago

    The “justices” of the 9th Circus (that’s not a typo) typically carry their own firearms and/or have armed security. Their rulings only apply to us mere commoners, not the elite.

    C E Voigtsberger
    C E Voigtsberger
    3 years ago
    Reply to  C. Collier

    I believe, although I am not 100% certain that judges in the Peepuls Reepublik don’t need a permit to carry. They are exempt and they may also buy firearms that are “dangerous” for the serfs to carry but are allowed to law enforcement officers and certain elected officials, including, of course, large capacity magazines.

    Gerald
    Gerald
    3 years ago

    Really and just HOW is the gun supposed to get from point A to point B? Stop the communist bullshit.

    Bart Theriot
    Bart Theriot
    3 years ago

    BullShit!

    jordon
    jordon
    3 years ago

    even if you ban the right to carry your still going to have people who will still bring the guns just to hurt others the right to carry at least gives those unlucky enough to be there a chance to fight back and maybe even stop the shooter from hurting others

    Leary
    Leary
    3 years ago

    Finally someone with common sense comes forward, good job.

    ??????????
    ??????????
    3 years ago
    Reply to  Leary

    REALLY so a person pulls a gun on you and your family and everybody else in a public place. And a person with a concealed gun or open carry stops him. AND YOUR FAMILY WAS SAVED. And you’re worried about good people carrying a gun. I don’t get your thinking.

    Cat
    Cat
    3 years ago
    Reply to  ??????????

    Oh, right, that’s certainly an everyday occurrence, lol.

    Mike
    Mike
    3 years ago
    Reply to  Cat

    It happens daily. There is a publication that lists those occurrences. e.g. – the moron that started shooting at Kroger in Lousville was stopped by a concealed gun owner. Texas church gunman stopped cold by churchgoer with one shot, McDonalds shooting in Alabama, father and his young son being shot at in the crowd, turned and put one in the assailant. Young boy in Florida during home invasion grabbed dad’s AR and fends off 3 assailants because he was afraid they would hurt his 12 year old sister. The list goes on, but it is never reported on any mainstream outlet.

    OldCommenter
    OldCommenter
    3 years ago
    Reply to  Mike

    This country is more and more resembling pre-WWII Germany in the Left’s grab for power. Take a look at those nations in the past 125 years that have outlawed and/or confiscated weapons. Totalitarian hell with wholesale murder, gulags, “re-education” camps. That is what the Left wants and the way to get there is to confiscate our firearms…

    Nancy Hathaway
    Nancy Hathaway
    3 years ago
    Reply to  Cat

    You never know now days what’s going to happen! We’re you ever a girl or Boy Scout! “ Be prepared”

    Mike
    Mike
    3 years ago
    Reply to  Leary

    Meaning whot?

    Mike Burdiss
    Mike Burdiss
    3 years ago

    Time to vote them out.

    VCSurfer
    VCSurfer
    3 years ago
    Reply to  Mike Burdiss

    Good luck voting judges out

    C E Voigtsberger
    C E Voigtsberger
    3 years ago
    Reply to  VCSurfer

    It has happened to state appeals courts. Remember Rose Bird and the Supremes who thumbed their noses at the serfs and got thrown out of office?

    Unfortunately one mistake our Founding Fathers made was allowing for lifetime appointments There must be term limits for all public positions, including judges. However, in The FFs’ defense, circuit courts once rode “circuit” and life on the circuit was rough and circuit judges didn’t last very long.

    As originally intended, the circuit court of appeals would have to travel to Idaho, Alaska, Hawaii, and the other states included in the circuit to hear appeals. They didn’t get to squat in a major city in the largest state and have the appellants come to them.

    Perhaps we should return to the days of yore and have them constantly on the road mingling with the hoi polloi instead of hiding out in their ivory towers They might have a more realistic understanding of real life instead of some idealistic, out-of-touch dream world.

    C. Collier
    C. Collier
    3 years ago
    Reply to  Mike Burdiss

    It would be wonderful if we could do so, but unfortunately, they are appointed gods for life. They can only be removed by impeachment by the House of Representatives and conviction by the Senate. Good luck getting these bozos removed by the current Socialist regime.

    Mike Smith
    Mike Smith
    3 years ago
    Reply to  C. Collier

    And this is a major reason why nonvoting Republicans are as damaging to America as voting Democrats.

    It is not that the Democrat base is so strong, but that the Republican base is so weak.

    C. Collier
    C. Collier
    3 years ago
    Reply to  Mike Smith

    Well, I voted. And I voted “right”, in both senses of the word. (Correctly and conservatively).

    Mike Smith
    Mike Smith
    3 years ago
    Reply to  C. Collier

    Thank you for voting straight-ticket Republican (constitutionalist-R Municipal, constitutionalist-R Primary and party-line General + all small government ballot initiatives).

    There are still too few of us. This is the problem.

    James miller
    James miller
    3 years ago

    The 2md amendment does not say anything about “…to defend his home or business”. It says the right to bear arms shall not be infringed.

    Me Now
    Me Now
    3 years ago
    Reply to  James miller

    There are 27 words in the 2nd Amendment, “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.” 

    Rmullins
    Rmullins
    3 years ago
    Reply to  Me Now

    Exactly! The second amendment gives the states the right to form militia, which they all have, they are called the national guard. Gives the people, legalese for the state, to keep and bear arms. Therefor the states have the right to arm the militia forces but the individual person does not have that same right under the 2nd amendment. It’s in very simple language.

    C. Collier
    C. Collier
    3 years ago
    Reply to  Rmullins

    Why is it that, in each of the other enumerated rights, “the people” refers to an individual right, but when it comes to the 2nd, some believe that it refers to a collective right (the state)?

    In the 1st, it’s not the right of the state to assemble peaceably, to have free speech, etc, but the right of individuals. In the 4th, it’s not the right of the state to be secure in its person, property, papers, etc, but the right of the individual. And again with the 5th and so on.

    It has already by held by courts, including SCOTUS, that the rights held by “the people” are individual rights and not collective rights held by the “state”..

    Ben
    Ben
    3 years ago
    Reply to  James miller

    Exactly,can’t deal with liberal dumbasses

    Mike
    Mike
    3 years ago
    Reply to  James miller

    Um who cares anyone who breaks into my house leaves in a BODYBAG

    Jess
    Jess
    3 years ago

    So great a man with a knife comes into the place where you just happen to be. Pulls out his knife a starts stabbing people. What should you do? Try and get away, but you can’t he’s got you cornered dead to right your screwed, so he stabs you multiple times and you die. But what if you were carrying a weapon and you not only defend yourself but other people that he’s trying to kill too. So you take him out. He’s disabled he’s down, and can’t hurt or kill anyone else. If he can see that your caring do you think he’s going to think twice before stabbing anyone or maybe come after you first. Even if he dose you have the opportunity to defend your self and maybe others if the law changes it’s just putting the guns into peoples hand that shouldn’t have them your not changing anything, your arming the bad guys.

    John
    John
    3 years ago
    Reply to  Jess

    What if the sky is falling!

    C E Voigtsberger
    C E Voigtsberger
    3 years ago
    Reply to  John

    We had that happen right here in river city where a nut job fatally stabbed a man who was sitting in a restaurant with his family, including small children who had the sorrow of watching their father be fatally stabbed at dinner in front of them. Someone with a handgun could have stopped the nut job as soon as he pulled his knife out. But the nut job was sane enough to know that he was perfectly safe because no one was likely to be armed with a firearm while he proceeded with his bloody fantasies.

    Keith
    Keith
    3 years ago
    Reply to  Jess

    Agreed 9 out of 10 chances you wouldn’t even have to pull the trigger
    Just by crooks knowing you might have a gun detures 80% of altercations

    Randy L
    Randy L
    3 years ago

    It was my understanding that the US Supreme Court already ruled that all citizens have a 2nd Amendment Right to carry weapons including guns.

    John
    John
    3 years ago
    Reply to  Randy L

    Why do you want to carry a assault rifle to wall mart, just ASKING!

    Don
    Don
    3 years ago
    Reply to  John

    To stop shootings by bad guys..that’s why..

    Steve
    Steve
    3 years ago
    Reply to  Don

    FOOL!!

    Daggy
    Daggy
    3 years ago
    Reply to  John

    When, exactly, was the last time you’ve been to Walmart? Lol

    Don
    Don
    3 years ago
    Reply to  Randy L

    Tell that to all who died while being defenseless..

    cntrygiant
    cntrygiant
    3 years ago
    Reply to  Don

    So arm yourself/selves and you won’t be defenseless! Thats the point!

    C E Voigtsberger
    C E Voigtsberger
    3 years ago
    Reply to  cntrygiant

    According to the Ninth Circus you don’t have the right. Don’t throw in the Constitution, it’s just some musty old ravings by some demented white men and doesn’t apply in 21st century yew nited states. So say those who would be kings.

    Dotty Pringle
    Dotty Pringle
    2 years ago

    First, it’s not Gun Violence. Let’s truly call it what it is and put blame on the shooter. Guns don’t go off by themselves.

    2nd Amendment has to do with a Tyrannical Government too. Let’s look at that side as well.

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