The Liberal-Leaning Ninth Circuit Court of Appeals Affirms Right to Self-Defense

By Dave Dolbee published on in General

Rub your eyes now, because you are not going to believe what you are about to read. Two different panels of the Ninth Circuit Court of Appeals have written opinions that, when taken together, equate to a roadmap for the right to “keep and bear arms” with the right to open or constitutional carry for self-defense.

Brown handled .38 in a light tan Galco holster

This .38 carries well in a Galco holster. The .38 Special is a realistic minimum for concealed carry.

Magazine Bans

Last week, a divided court affirmed a trial court’s injunction blocking the state of California’s confiscation of so-called “large capacity” magazines. The court made two important statements. The first was that the Second Amendment protected ownership of weapons that have a “reasonable relationship to the preservation or efficiency of a well-regulated militia.” The second key statement to the ruling statted “the ammunition for a weapon is similar to the magazine for a weapon.” That meant the state of California’s ban on magazines over 10 rounds was invalid under protections granted by the Second Amendment.

This new ruling, combined with Heller’s clear statement that the Second Amendment protects weapons in “common use” for “lawful purposes,” clearly prohibits lawmakers from proclaiming firearms such as AR-15s to be assault weapons in an effort to diminish their protection under the constitution.

Constitutional Carry

The second case was decided yesterday. A different panel of judges (in a 2-1 decision) struck down the state of Hawaii’s ban on openly carrying weapons outside the home. While this is an important victory, it is also a shift in the court’s thinking. The Ninth Circuit had previously ruled that the Second Amendment did not “preserve or protect a right of a member of the general public to carry concealed firearms in public.” I am not sure if the court has simply come to a better understanding or the confirmation of Associate Justice Gorsuch and nomination of Kavanagh to the Supreme Court has simply forced them to wave the flag of surrender.

The Ninth Circuit is made of Western states such as California, Hawaii, Oregon, Washington, and a few more. Whichever way the court ruled, the decision is likely to be challenged and escalated to the Supreme Court.

The author of the majority opinion, Judge Diarmuid O’Scannlain, used a comprehensive analysis of early-American and post-Civil War gun rights debates (including the racist history of Reconstruction-era carry limitations on black Americans) and concluded that while the Second Amendment may not protect a right to concealed carry, it most definitely protects a right to carry.

The practical effect of the decision, especially combined with other case law, demonstrates that the state has a choice: protect a right to concealed carry, protect a right to open carry, or protect both. But if you block a citizen’s right to carry entirely (or limit the right to a “small and insulated subset of law-abiding citizens”), you violate those citizens’ right to “bear” arms.

How do you think the latest rulings from the Ninth Circuit Court of Appeals will affect gun legislation attempts by lawmakers in other jurisdictions? Share your answer in the comment section.

SLRule

Growing up in Pennsylvania’s game-rich Allegany region, Dave Dolbee was introduced to whitetail hunting at a young age. At age 19 he bought his first bow while serving in the U.S. Navy, and began bowhunting after returning from Operation Desert Shield/Desert Storm. Dave was a sponsored Pro Staff Shooter for several top archery companies during the 1990s and an Olympic hopeful holding up to 16 archery records at one point. During Dave’s writing career, he has written for several smaller publications as well as many major content providers such as Guns & Ammo, Shooting Times, Outdoor Life, Petersen’s Hunting, Rifle Shooter, Petersen’s Bowhunting, Bowhunter, Game & Fish magazines, Handguns, F.O.P Fraternal Order of Police, Archery Business, SHOT Business, OutdoorRoadmap.com, TheGearExpert.com and others. Dave is currently a staff writer for Cheaper Than Dirt!

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Comments (48)

  • Gregory M. Brown

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    Hopefully this will reverse the law that was enacted yesterday in New Jersey regarding 10 round maximum magazines for civilians. Police officers will be allowed to carry more off-duty.

    Reply

    • christopher

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      Natural Law is even self evident to the animals. One has the right to defend their life liberty and property. A squirrel will bite when attacked. A fox will escape from a cage. A bear will protect his fish dinner. Humans with the blessed ability of reason ought to obviously see this as self evident truth.

      Reply

    • Adam

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      The crux of your defense illustrates that Natural law means using what you have endemic to your species without the addition of anything else.
      If that is your point, we should only be biting,kicking,and,gouging one another.

      Reply

    • Larry Hasbro

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      As long as you have DEMORATS AND LIBERALS ARE THE RUINATION OF OUR GREAT COUNTRY FOR EVERY TRUE AMERICAN CITIZEN.
      MURPHY IS IN THIS CLUB!!!!

      Reply

  • Mauricio Diaz

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    Guys, thank you. I think this is great news for people who need to protect themselves whether it be coming home late from work, etc. Or simply being a smaller figure person (or me who is a medium build guy) who doesn’t have the strength to fight a crazy person, or multiple persons for that matter.

    Reply

  • Lewis E Brockman

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    About time the ninth woke up

    Reply

  • Domenic

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    Now they need to bring the same lawsuit against the state of New York. King Cuomo’s “safe gun act” is also unconstitutional.

    Reply

  • Jason

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    Here in New York we need help. The governor has done everything possible to restrict law-abiding citizens their gun rights. He has unilaterally passed laws which are indirect conflict with our 2nd Amendment rights. I have been an NRA supporter for over 35 years and supported the reference all the way. When it was time for the people of New York needed help and back in the NRA was quiet and silent and abandon the good people of New York when they needed them the most. We have a saying in the Marine Corps, no man left behind, the NRA failed us, and left us all behind. It’s time the NRA take on the Governor Cuomo and his ridiculous laws and kick this man out of office. Words show a man’s wit, his actions are his meaning.

    Reply

    • C.Aldridge

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      The NRA can’t kick Cuomo out of office, the people of the state have to VOTE him out. The NRA hasn’t failed you, you failed yourselves when he got voted in.

      Reply

    • PeterF

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      You are the NRA. Don’t stand by and hope that someone else will fight your battles. The members have to do the work through the NRA. Donate, volunteer, get involved, and get others involved. Vote the anti-2nd Amendment politicians out of office.

      Reply

  • Nall

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    What a pleasant surprise! It’ll be interesting to see how the ruling on magazines will effect other states like Colorado that also have a ban on magazines over 10 rounds.

    Reply

  • Force Recon Marine

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    Of the twenty-seven words contained in our Second Amendment nowhere do I see any caveats allowing for the government, any government state or local the ability or responsibility to restrict my God given and constitutionally protected right of self preservation. I see plenty of elected officials who would just as soon try and TAKE our God given right by usurpetive fiat while at the same time refusing to abide by their oaths of office.

    It should be apparent to everyone that we have far too many statutes that are IGNORED while blaming victims and everyone else when the blame lies squarely on their shoulders. These Anti-gun crusaders are merely attempting to deflect from their failures as civic public and government “leaders” so they needn’t answer for their malfeasance.

    We all know there are statutes against murdering people however, those statutes don’t seem to matter when the media goes off full tilt on their anti-gun platform when a firearm is involved. All one needs to realize that the media always over-involves themselves to the point of being hyper stupid. After a bombing the media will blame the bomber, however after a shooting they blame the gun

    The media further perpetuates this carnage by giving these depraved individuals what they sought in the first place their fifteen minutes of fame however with Cruz it’s more than a week!! They are not smart enough to realize by doing so they are inspiring others to act in a similar fashion.

    We already have laws on the books to curb violence yet you Leftopathic Deep State Globalists REFUSE to be realistic and adopt and implement REAL solutions. The reason they don’t is because if there were to actually be any solution for these problems there would be nothing left for them to politicize and we know the Leftopathic Deep State Globalist platform would be irrelevant and we definitely cannot have that now can we??

    The solution to protect our most valuable assets (our children) which cannot be replaced the Leftopathic Deep State Globalists want herded into DEFENSELESS Target Rich environments AKA Gun free zones which might as well post signage stating “Attention Criminals -This is a personal defense-free zone. All Law-abiding citizens at this establishment have been disarmed for your convenience and safety”

    On the reciprocal since MONEY is all the Leftopathic Deep State Globalists care for and all but DEMAND that the worthless script (which can be replaced) they idolize be guarded, stored, and transported having 24/7 security and ARMED GUARDS which speaks volumes.

    With that said the Leftopathic Deep State Globalists MORONS keep enacting more and more laws while NEVER enforcing them We have laws against murder yet you bleeding heart Leftopathic Deep State Globalists REFUSE to apply the appropriate punishment then ALLOW these criminals to repeat their heinous actions now that’s not only irresponsible but INSANE!!! ΜΟΛΩΝ ΛABE.

    Reply

  • Karl

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    Until Cuomo,the NYS[and esp. NYC] Democrats and their closet allies [downstate Republicans]are removed,we’re screwed in New York State;even some local western NY Republicans are too wimpy to remove/restrict the “UN”Safe Act.CA and HI are to me,merely west coast equivalents of NY.

    Reply

  • James Stamulis

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    Constitutional carry is the way it should be in all states. Once you pass a background check that should be all that is needed although getting gun classes is a smart thing to do for all but voluntary.

    Reply

  • randy bauer

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    I have carried legally (and otherwise) for most of my life and have had several instances where the mere presence of my firearm stopped physical harm to myself and others. I am convinced that, had I done otherwise, I would be dead.

    Reply

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