For a record-breaking second time in as many weeks, the Ninth Circuit Court of Appeals seems to have discovered the long-missing amendment heretofore undiscovered by them, and apparently hiding somewhere between the right to free speech, and the one about not quartering troops in private homes. Almost as if it was actually in the US Constitution.
Closing majority opinion, Young v. Hawaii:
"the Second Amendment does protect a right to carry a firearm in public for self-defense."
This instantly invalidates multiple contrary and henceforth wholly unconstitutional infringements by state and municipal laws in Hawaii and Califrutopia, prohibiting loaded open carry to everyone entitled to possess a weapon legally, and restores the right of carriage and self-defense to the citizens of the nine states and two US territories within the scope of the Ninth Circus.
Details to be worked out after the momentary stunned shock wears off, on both sides.
Emergency decontamination and clean-up teams have been dispatched to Honolulu, Sacramento, San Fransh*tco, and Los Angeles, to mop up the residue of several thousand exploded heads at city halls, city councils, police departments, and the state legislatures when this was announced a short time ago.
(Cue the obligatory knee-jerk "blood in the streets" yammering from both Paradise, and Gomorrah By The Bay in 3,2,...)
Hawaii may decide to appeal this ruling and ask for an en banc ruling by the entire Ninth Circus, hoping the whole will reverse this three-judge panel, or else just lump it, and the ruling stands. IANAL, But as this decision was meticulously based on SCOTUS' rulings in Heller and MacDonald, getting the Ninth Circus to take it up again at all is an uphill row against long odds, given the likelihood of a sharp SCOTUS reversal if they did. Time will tell.
And Mr. Justice Antonin Scalia, smiling down on the court, was just given his wings in heaven, and announced, "It is good."
Just curious: Anybody out there tired of all this winning yet...?
Madame Pele is pleased. Never underestimate the influence of the current environment.
ReplyDeleteHeavy pressure will be brought upon Hawaii to not appeal this decision, to slow the movement of the case to SCOTUS.
ReplyDeleteSCOTUS will likely take it up when their new session begins in the fall because several other Circuits have ruled against the Second Amendment ruling.
Even with Brett Kavanaugh on the court it's not easy to predict what the SCOTUS will rule.
"Tired of the winning" ?
ReplyDeleteNot even remotely. Not until/unless I get my country back. Probably not even then.
"What is good? To see you enemies crushed, driven before you..."
Boat Guy
Take a walk around the interwebz and look at all the "conservatives" poopoo-ing this decision as some negative thing. Fuck them.
ReplyDeleteWell, I'm in California, but I reckon I'll wait a bit longer before I strap on the old six-shooter, as this hasn't trickled down to the local level anywhere AFAIK.
ReplyDeleteHow long will it take before this ruling actually is in effect? Hard to say.
Just driving through L.A. with a handgun is risking confiscation right now, even though it's being transported in accordance with CA law, i.e. unloaded, in a locked box without ammo. That's because L.A. cops have been told to confiscate them, which may not be legal but they get away with it since the judges, courts and of course City Hall is behind them.
If this happens to you, sure you can get your gun back: all you need is a lawyer, lots of money, a clean record and lots of time and luck!