Huge 2nd Amendment Win

In the 9th Circuit Court motion by the State of California to appeal the Peruta v. San Diego ruling:

The panel denied motions to intervene, which were filed after the panel’s opinion and judgment holding that a responsible, law-abiding citizen has a right under the Second Amendment to carry a firearm in public for self-defense. The panel held that the movants did not meet the heavy
burden of demonstrating imperative reasons in favor of intervention on appeal. Noting that the movants sought intervention more than four years after the case began, the panel stated that the stage of the proceedings, the length of the delay, and the reason for the delay all weighed against
timeliness. In the absence of a timely motion, intervention was unavailable.

The panel further concluded that 28 U.S.C. § 2403 and Federal Rule of Civil Procedure 5.1 did not provide a basis for intervention because the panel’s opinion never drew into question the Constitutionality of any California statute, but only questioned San Diego County’s exercise of regulatory authority under the relevant state statutes, specifically the County’s policy that an assertion of self-defense is insufficient to demonstrate “good cause” under the California statutory scheme.

Ruling

From Reason: The upshot is that with both San Diego and the state government now out of the picture, there is no longer any party left with potential standing to challenge the 9th Circuit’s decision. Peruta’s holding that “the right to bear arms includes the right to carry an operable firearm outside the home for the lawful purpose of self-defense” is now the law of the land in both California and the rest of the territory covered by the 9th Circuit.

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23 thoughts on “Huge 2nd Amendment Win

  1. I will add that I am not a firearms carrier, or owner. However, I recognize the very REAL danger of control freaks who want the government to put on jack boots and march further down the road to fascism by further crushing the freedoms of law abiding citizens who DO choose to own or carry firearms.
    ——–

    “The rifle itself has no moral stature, since it has no will of its own. Naturally, it may be used by evil men for evil purposes, but there are more good men than evil, and while the latter cannot be persuaded to the path of righteousness by propaganda, they can certainly be corrected by good men with rifles.”
    ― Jeff Cooper, Art of the Rifle

    Ill conceived laws which strip the “rifles” from the good men, but leave them in the hands of the “evil” ones, belong on the ash-heap of history.

    Without any specific cause for removal of this right (through due process and conviction of individuals, NOT through Constitution-crushing legislation), it is not my business, nor that of the government, if someone chooses to carry.

    I'm glad the court ruled this way. It gave the fascist interests, abuse-of-power interests in government a wedgie, while the average Joe, the people, can breathe easier.

    Like

  2. Human right, natural right…close enough.

    “I should have a right to destroy that which threatens me with destruction: for, by the fundamental law of nature, man being to be preserved as much as possible, when all cannot be preserved, the safety of the innocent is to be preferred.” – John Locke

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  3. “…These gun nuts are just children….”

    Let's see:

    Percent of Gun Ownership by Age Group, 2010.

    18 – 29 31 %
    30 – 49 40 %
    50 – 64 45 %
    50 + 42 %
    65+ 38 %

    That's adults, Jersey. You should know by now that if you say something specific that is so wild and out there, it is easily caught. Or are you just hitting foul balls every time you are at bat just for fun?

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  4. Florida has close to 1.5 million right to carry permits and of these people there were only a couple of hundred violations (most of them minor). Jersey has nothing to fear from honest, law-abiding gun owners and everything to fear from criminals who largely get their guns illegally.

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  5. COBRA is a government organization within the UK state, and is not involved in the US. But Jersey might be onto something…

    . The US government, under the direction of Atty General Eric Holder and the approval of Pres. Barack Obama, intentionally supplied weapons to criminals, This resulted, as one might expect in the murder of at least one American, and who knows how many Mexicans. So now we know where some of the guns on the street come from.

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  6. “Morons walking around with guns. Get it?”

    What is there to “get”? Your vague insults are now holding no more weight than playground “poopy pants!” insults.

    Morons, vague as it is, might be something about them being stupid, or education level.

    67% of gun owners are college graduates (Gallup, 2014), a fact (yes, you should learn to argue with these sometime, Jersey) that shows how preposterous any general insult of “moron” can be.

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  7. “No, dmarks, they're children.”, said JMJ, in response to some very specific facts about gun owners.

    Jersey, you seem so confident. Do you have anything at all to back up this claim? Like some other information that indicates that a majority of gun owners in the US are under 17 years of age?

    Else this looks like someone presenting a detailed diagram of the earth's orbit and rotation to show that the sun comes up in the east, and someone else says “No, it comes up in the west. Nyeah!”

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  8. Yeah, waiting for him to come on next and tell me that gun owners are all inbred, from West Virginia, and all voted for Lyndon Larouche.

    Seems like right now, if there's no truth to it. Jersey will use it as an argument (see his insistence on gun owner age and intelligence). Replying to these is like shooting fish in a barrel… blindfolded and aiming over my shoulder.

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  9. The murder rate has gone down 41% (52% if you consider it per 100,000) at the same time that gun ownership and right to carry laws have proliferated? Yes, I know that it's just a correlation and other variables could obviously be at play here but you know, YOU KNOW, that if the relationship had gone in the other direction, the gun control people would be screaming like a banshee and they'd possibly have some justification for it. I'm just sayin'.

    Like

  10. Something off topic, but relevant to recent items:

    “Marijuana profits up in smoke under IRS rules”

    Just one example of the government using unfair taxation to enforce morality, rather than merely get its necessary money. A definite abuse of power.

    File under “War on Drugs”… and how the Left is waging it at least as hard as the Right.

    I also talked to someone in this industry, who told me how Obama is a lot harsher than Bush.

    Like

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