The U.S. Ninth Circuit Court of Appeals, long derided as the “Ninth Circus” for their out-of-the-mainstream views, has decided that the basic human right to armed self-defense does not apply in much of the western United States, at least until a higher court overrides them.
Americans have no Second Amendment right to carry concealed guns in public, a federal appeals court in California ruled on Thursday in a significant blow to gun-rights activists and gun owners in a large swath of the Western U.S.
The San Francisco-based Ninth U.S. Circuit Court of Appeals, in a 7-4 ruling, upheld a California law requiring residents to show “good cause” for carrying a concealed handgun.
“We hold that the Second Amendment does not preserve or protect a right of a member of the general public to carry concealed firearms in public,” wrote Judge William A. Fletcher, an appointee of President Bill Clinton, for the seven-judge majority.
Lawmakers are free to enact “any prohibition or restriction a state may choose” on the carrying of concealed guns, Judge Fletcher said.
A Second Amendment right to carry a firearm openly in public may exist, but the Supreme Court hasn’t answered that question, Judge Fletcher wrote.
California’s current concealed carry laws operate under “may issue” guidelines, meaning that government may arbitrarily allow or deny concealed carry permits based upon the whim of the controlling legal authority, which in most of California, is your county sheriff. This has resulted in a very uneven issuance of permits based upon the whims of local sheriffs, will many sheriff denying permits to almost everyone, other sheriffs providing permits to anyone who isn’t prohibited by law.
The completely capricious nature of the issuance of permits across the state is just peachy according to the majority of the court, a gang of seven more interested in signalling their presumed virtue than they are in enforcing equal justice under the law.
According to this excretable panel of jurists, the “may issue” permitting scheme that results in what is practically a “no issue” policy in many of California’s most dangerous counties means that there is not right to bear arms outside of your home in California, as California Penal Code 26350 (outlawing even empty-gun open carry) makes it illegal to open carry in the state as well.
By holding that the state has the right to deprive you of concealed carry on a whim, and holding that the state’s laws against open carry have likewise not been successfully overturned by a higher court, they’ve effectively decided that you do not have any right at all carry a firearm for your self defense outside of your home.
While this will no doubt be seen as a victory by supporters of gun control it shouldn’t be; when radical governments and courts are grossly out of touch with the people, citizens simply stop obeying laws they find oppressive and unjust.
Many people are going to determine that their lives and the lives of their loved ones matter more than the opinion of seven arrogant judges, and tens of thousands of these people are going to simply opt to carry concealed firearms without a permit.
Congratulations, Ninth Circus.
You’ve just created an armed “Irish Democracy.”