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It is currently Thu Feb 06, 2025 4:23 pm
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9th Circuit Court rules open carry "absolute" in Hawaii
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bigzdawg
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Location: East of Lake Washington Joined: Mon Jan 21, 2013 Posts: 1864
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two different links to read the details and comments from the authors, both are pro 2A. http://acecomments.mu.nu/?post=376257 https://www.redstate.com/streiff/2018/0 ... aking-headThis was a 3 judge ruling, and it can change to "en banc", which means a larger group of 9th Circuit judges review the initial ruling. Basically they said because Hawaii refused to issue any carry permits, which they did, then because of Heller's right to "keep and bear arms" means that a citizen can have a gun on their person. Hence "bear arms". If the state refuses concealed carry, then open carry is ABSOLUTE. 9th Circuit: But, for better or for worse, the Second Amendment does protect a right to carry a firearm in public for self-defense. We would thus flout the Constitution if we were to hold that, “in regulating the manner of bearing arms, the authority of [the State] has no other limit than its own discretion.” Reid, 1 Ala. at 616. While many respectable scholars and activists might find virtue in a firearms-carry regime that restricts the right to a privileged few, “the enshrinement of constitutional rights necessarily takes certain policy choices off the table.” Heller, 554 U.S. at 636. Hawaii screwed itself here by, like so many other gun-grabbing states and local governments, creating a #FakeNews application process for getting a concealed carry license, but literally never granting such an application. Honestly, this is shocking to me because it is from the 9th Circuit, the most leftist of all. Still early. But a win is a win!
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| Tue Jul 24, 2018 1:22 pm |
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DONOTBUGME
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Location: Auburn Joined: Wed May 4, 2016 Posts: 309
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so would this mean if you are in CA or MA open carry is not legal? Or is this just HI?
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| Tue Jul 24, 2018 1:31 pm |
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leadcounsel
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Location: Can't say Joined: Sun Sep 7, 2014 Posts: 8131
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It's clearly a right. Shocking some Judges still can't grasp it. It's the right ruling, but shocking to come from such a liberal Court with such liberal (and overturned) precedent.
I'm more than convinced that these recent rulings are related to the Trump win. More MAGA baby.
The Court is made up of lawyers and people, who don't want to be overturned. I strongly suspect lower courts like this are prone to judicial activism when they know that they will not be overturned. The writing is on the wall that anti-gun rulings are going to see the SCOTUS and be overturned by a growing pro-gun majority which is currently 5-4 and will soon likely be 6-3 or 7-2. This has *forced* the liberal Court to actually follow the law.
_________________ I defend the 2A. US Army Combat Veteran and Paratrooper: OIF Veteran. BSM and MSM recipient. NRA Lifetime. Entertainment purposes only. I'm a lawyer, but have not offered you legal advice.
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| Tue Jul 24, 2018 1:42 pm |
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Caveman Jim
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Location: In my Cave near the Cloquallum Joined: Thu Sep 26, 2013 Posts: 8512
Real Name: Jim Sr.
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Most shocking lie to say the least but it is a win and I will take that any time it comes around. MAGA!!! 
_________________"You are either with us...as Americans. Or, You are against us. There is no IN BETWEEN." ??? "We cannot negotiate with those who say, 'What's mine is mine, and what's yours is negotiable.'" JFK "Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety” -Ben Franklin MadPick wrote: I don't think you beat your children enough. 
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| Tue Jul 24, 2018 1:56 pm |
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sportsdad60
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Location: The banana belt of MT Joined: Wed Dec 30, 2015 Posts: 8703
Real Name: Brian
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This is good news!
_________________ "I hate to advocate drugs, alcohol, violence, or insanity to anyone, but they've always worked for me."- Hunter S. Thompson
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| Tue Jul 24, 2018 2:10 pm |
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TacticalTuna
Location: Renton Joined: Tue Apr 24, 2018 Posts: 597
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Next stop California!
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| Tue Jul 24, 2018 2:11 pm |
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Alpine
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Joined: Sat Aug 11, 2012 Posts: 7649
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Ruling suspended pending appeal or in force immediately?
_________________If you vote for Biden you are voting to be murdered when he sends Beto to come take your "semi automatic assault weapon" (any semi auto). If you have family or friends voting for Biden show them this and ask if they are willing to vote for your murder or maybe even their own if they are gun owners or live with any. https://nypost.com/2020/03/03/joe-biden ... n-control/Quote: “I want to make something clear, I’m going to guarantee you this is not the last you’ve seen of him (Beto),” Biden said Monday evening during a campaign rally in Dallas. “You’re (Beto) going to take care of the gun problem with me. You’re (Beto) going to be the one who leads this effort.” https://www.newsweek.com/beto-orourke-g ... ns-1465738Quote: [Beto O'Rourke Suggests Police Would 'Visit' Homes To Implement Proposed Assault Weapons Ban] "In that case, I think that there would be a visit by law enforcement to recover that firearm... ..."If someone does not turn in an AR-15 or an AK-47, one of these weapons of war...then that weapon will be taken from them"
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| Tue Jul 24, 2018 2:25 pm |
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golddigger14s
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Location: Faxon, OK Joined: Sat Mar 19, 2011 Posts: 18059
Real Name: Chuck
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If true, this is HUGE! (Apply Trump accent). 
_________________ "The beauty of the Second Amendment is that it will not be needed until they try to take it." Thomas Jefferson "Evil often triumphs, but never conquers." Joseph Roux
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| Tue Jul 24, 2018 3:14 pm |
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Blaze.45
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Location: Auburn/Kent/Renton Joined: Thu Nov 24, 2011 Posts: 773
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Hell yes, about time! But I'll believe it when I see it. I'll ask some LEO back home and see if there's any talk/action.
_________________ Freedom is never more than one generation away from extinction. We didn't pass it to our children in the bloodstream. It must be fought for, protected, and handed on for them to do the same. - Ronald ReaganNRA Certified RSOSAF/NRA Life Member
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| Tue Jul 24, 2018 3:32 pm |
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munchie
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Location: Casa Grande AZ Joined: Sat Jan 5, 2013 Posts: 1734
Real Name: 425-622-1646
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And does this apply to anyone within the 9 states that fall under the 9th circus? So somebody from ID can open carry in Cali?
My concern ..and I will never get an answer back from Bullshit Bob Fergy..I should now be able to open carry in MY CAR without a permit right? And anyplace I have a legal right to be
_________________ Give me your hand my love and I shall...no..not that one..thats my gun hand..the other one..and I shall walk with you thru the valley of the shadow of death
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| Tue Jul 24, 2018 4:47 pm |
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AR15L
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Location: Nampa, Idaho Joined: Thu Mar 17, 2011 Posts: 20125
Real Name: Rick
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munchie wrote: And does this apply to anyone within the 9 states that fall under the 9th circus? So somebody from ID can open carry in Cali?
My concern ..and I will never get an answer back from Bullshit Bob Fergy..I should now be able to open carry in MY CAR without a permit right? And anyplace I have a legal right to be I use Goooooogle. Quote: The United States Court of Appeals for the Ninth Circuit has jurisdiction over the district courts in the following districts: District of Alaska. District of Arizona. Central District of California. Eastern District of California. Northern District of California. Southern District of California. District of Hawaii.
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| Tue Jul 24, 2018 4:54 pm |
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munchie
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Location: Casa Grande AZ Joined: Sat Jan 5, 2013 Posts: 1734
Real Name: 425-622-1646
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And after reading thru the entire PDF not just the version on FB..This is a federal court so now it would cover each post office in the states under the prudence of the 9th. And like I said above, everyplace I am allowed to be except private property owned by others.
_________________ Give me your hand my love and I shall...no..not that one..thats my gun hand..the other one..and I shall walk with you thru the valley of the shadow of death
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| Tue Jul 24, 2018 4:56 pm |
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AR15L
Site Supporter
Location: Nampa, Idaho Joined: Thu Mar 17, 2011 Posts: 20125
Real Name: Rick
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OC in Hawaii. Where the heck do you hang it on your Speedo? 
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| Tue Jul 24, 2018 4:58 pm |
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Mecha
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Location: Everett, Wa Joined: Tue Feb 5, 2013 Posts: 238
Real Name: Eric
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It's a federal court, so unless I am wrong, the ruling goes for everywhere that U.S. Federal Law applies. All 50 states, the territories etc. To appeal it needs to go to the full appellate court then Supreme Court, could bypass the full appellate and risk a direct Supreme Court Challenge that can be entertained or ignored.
Interesting to see how New York will freak out and Chicago.
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| Tue Jul 24, 2018 5:08 pm |
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Mr. Q
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Location: S. Everett Joined: Thu May 2, 2013 Posts: 3088
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Hm....might have to test this out with an open carry of my 1911 when I’m down in LA rolf
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| Tue Jul 24, 2018 5:14 pm |
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