Ninth Circuit Court Just Ruled Against Constitution

You have utterly no grasp at all how our government and legal system work.

Not a hint of a clue.

The 9th blatantly violated Heller with this ruling.


You should have actually read Heller.

Heller, case in which the U.S. Supreme Court on June 26, 2008, held (5–4) that the Second Amendment guarantees an individual right to possess firearms independent of service in a state militia and to use firearms for traditionally lawful purposes, including self-defense within the home.

District of Columbia v. Heller | Summary, Ruling, & Facts ...
 
You have utterly no grasp at all how our government and legal system work.

Not a hint of a clue.

The 9th blatantly violated Heller with this ruling.


You should have actually read Heller.

Heller, case in which the U.S. Supreme Court on June 26, 2008, held (5–4) that the Second Amendment guarantees an individual right to possess firearms independent of service in a state militia and to use firearms for traditionally lawful purposes, including self-defense within the home.

District of Columbia v. Heller | Summary, Ruling, & Facts ...






We have. Clearly you only read the crib notes.
 
you ever heard the expression "AMERICAN EXPERIMENT"??
we threw out all the old ways of thinking and started something new,,
We did not start over. States continued under English common law. The federal government was the only one to start anew.
that would apply if not that fed law over rides state law,,,

and I never said we started over,, we started a new system not ever seen before,,
 
SUMMARY OF D.C. V. HELLER

Oct 17, 2008 — In Heller, the U.S. Supreme Court answered a long-standing constitutional question about whether the right to “keep and bear arms” is an individual right unconnected to service in the militia or a collective right that applies only to state-regulated militias.
 
We have. Clearly you only read the crib notes.

Actually I read the entire decision. The "crib notes" as you call them are the question actually before the court. And as I explained, that's what their decision was limited to.

They did not address the public carrying of firearms. Hence the 9th circuit opinion could not be in violation of Heller.
 
“There is no right to carry arms openly in public; nor is any such right within the scope of the Second Amendment,” U.S. Circuit Judge Jay Bybee, a George W. Bush appointee, wrote for the majority of an 11-judge panel in a 127-page opinion.

Looking back on 700 years of legal history dating back to 14th century England, seven judges in the majority found “overwhelming evidence” that the law has never given people “an unfettered right to carry weapons in public spaces.”

The seven-judge majority traced legal texts and laws back to 1348 when the English parliament enacted the statute of Northampton, which banned carrying weapons in fairs or markets or before the King’s justices. It also cited multiple laws from colonial and pre-Civil War America in which states and colonies restricted the possession of weapons in public places.

“The Second Amendment did not contradict the fundamental principle that the government assumes primary responsibility for defending persons who enter our public spaces,” Bybee wrote. “The states do not violate the Second Amendment by asserting their longstanding English and American rights to prohibit certain weapons from entering those public spaces as means of providing ‘domestic tranquility’ and forestalling ‘domestic violence.’”

Writing for the dissent, Senior U.S. Circuit Judge Diarmuid O’Scannlain, a Ronald Reagan appointee, said the majority failed to properly interpret the U.S. Supreme Court’s 2008 decision in District of Columba v. Heller, which overturned Washington D.C.’s total ban on handguns and a requirement that rifles and shotguns be kept unloaded and disassembled or bound by a trigger-lock device.


The Second Amendment’s text, history, and structure, and the Supreme Court’s reasoning in Heller, all point squarely to the same conclusion: Armed self-defense in public is at the very core of the Second Amendment right,” O’Scannlain wrote.

Plaintiff George Young sued Hawaii in 2012 for denying his applications for permits to carry a concealed or openly visible handgun. A Hawaii state law requires a license to carry a gun in public.

Under a Hawaii County regulation, the police chief may only grant such licenses to those who need a gun for their job or who show “reason to fear injury” to their “person or property.” No one other than a security guard has ever obtained an open-carry license in Hawaii, lawyers for the county acknowledged during a Ninth Circuit hearing in 2018.


On July 2018, a divided three-judge Ninth Circuit panel ruled that carrying a gun in public is a constitutional right and that Hawaii cannot deny permits to all non-security guard civilians who wish to exercise that right.

On Wednesday, the en banc panel majority reversed that decision, finding the Supreme Court’s 2008 Heller decision is not inconsistent with state laws that restrict the right to carry arms in public.












Nothing to see here.....
Texas will be doing something about that shit.

Possibly seceding.

It will not end well for the rest of humanity.
 
SUMMARY OF D.C. V. HELLER

Oct 17, 2008 — In Heller, the U.S. Supreme Court answered a long-standing constitutional question about whether the right to “keep and bear arms” is an individual right unconnected to service in the militia or a collective right that applies only to state-regulated militias.
So, why do we keep hearing bullshit about the 2nd Amendment being a collective right?
 
and I never said we started over,, we started a new system not ever seen before,,
I pointed out we didn't start over at the state level.

We did not start over. States continued under English common law. The federal government was the only one to start anew.
and you are wrong,, when the states ratified the constitution they agreed and changed with the rest of us,,

fed law over rides state law,,
 
and you are wrong,, when the states ratified the constitution they agreed and changed with the rest of us,,

fed law over rides state law,,

When we started, there was no federal law.

We continued under English common law, until congress passed laws changing it.

An Act to regulate the Time and Manner of administering certain Oaths was the first law passed by the United States Congress after the ratification of the U.S. Constitution. It was signed by President George Washington on June 1, 1789,
 
Last edited:
So, why do we keep hearing bullshit about the 2nd Amendment being a collective right?

Because that was the original intent.
The original intent can ONLY have been a ban on federal authority, and a reservation of that authority to the states.

Scalia was too chicken shit to hold that all federal gun laws are unconstitutional. I will always fault him for that.
 
Heller addressed the right to possess a firearm for the purpose of self defense, which Heller expanded into an individual right.

They did not address the right to possess a firearm in public. They found unconstitutional a restriction on possession in house, home or business.

You should know, anything beyond that would have been "dicta"

The 2nd Amendment protects the individual right to keep and bear (carry) arms.

Heller acknowledged that infringement of constitutional rights is unconstitutional.

Hawaii (and other states) continue to violate the Constitution. The 9th court of criminal miscreants in Young v. Hawaii, ruled that the people do not have the right to keep and bear arms. The obvious and blatant regard for the Constitution is obvious, but in addition the criminal miscreants are overturning Heller. IF the SCOTUS allows a lower court to overturn their decisions, then they cede authority to inferior courts and create a constitutional crisis.

I believe the criminal vermin on the court are deliberately seeking a Constitutional showdown with SCOTUS as part of the attempt by the Reich to disempower the high court.
 
and you are wrong,, when the states ratified the constitution they agreed and changed with the rest of us,,

fed law over rides state law,,

When we started, there was no federal law.

We continued under English common law, until congress passed laws changing it.

An Act to regulate the Time and Manner of administering certain Oaths was the first law passed by the United States Congress after the ratification of the U.S. Constitution. It was signed by President George Washington on June 1, 1789,
And states agreed to grant exclusive authority to this new federal government, but reserved authority to themselves. The 2nd Amendment was a clear reservation of state authority.
 
You have utterly no grasp at all how our government and legal system work.

Not a hint of a clue.

The 9th blatantly violated Heller with this ruling.


You should have actually read Heller.

Heller, case in which the U.S. Supreme Court on June 26, 2008, held (5–4) that the Second Amendment guarantees an individual right to possess firearms independent of service in a state militia and to use firearms for traditionally lawful purposes, including self-defense within the home.

District of Columbia v. Heller | Summary, Ruling, & Facts ...

How does that alter anything here?

As your quote acknowledges; the Second Amendment guarantees an individual right to possess firearms independent of service in a state militia.
 
and you are wrong,, when the states ratified the constitution they agreed and changed with the rest of us,,

fed law over rides state law,,

When we started, there was no federal law.

We continued under English common law, until congress passed laws changing it.

An Act to regulate the Time and Manner of administering certain Oaths was the first law passed by the United States Congress after the ratification of the U.S. Constitution. It was signed by President George Washington on June 1, 1789,
And states agreed to grant exclusive authority to this new federal government, but reserved authority to themselves. The 2nd Amendment was a clear reservation of state authority.


I disagree,,

the 2nd was specifically reserved to the people,,,

"THE RIGHT OF THE PEOPE TO KEEP AND BEAR ARMS SHALL NOT BE INFRINGED",,,
 
“There is no right to carry arms openly in public; nor is any such right within the scope of the Second Amendment,”
English law prior to 1775 is irrelevant. The second amendment is very clear--the right to keep and BEAR arms shall not be infringed.



washinggun.jpg
 

Forum List

Back
Top