In a surprising turn of events, the generally left-leaning 9th Circuit Court of Appeals has ruled that the Second Amendment protects the right to openly carry guns in public. The ruling was made in favor of a Hawaii resident who was denied a concealed carry permit for failing to meet the state’s licensing requirements.
The San Francisco-based court ruled 2-1 on the decision, rejecting a claim made by the officials in Hawaii that the right to keep and bear arms only applies in the home.
“We do not take lightly the problem of gun violence,” Judge Diarmuid O’Scannlain wrote in Tuesday’s ruling. “But, for better or for worse, the Second Amendment does protect a right to carry a firearm in public for self-defense.”
Judge Richard Clifton, who was the one dissenting voice, argued that denying a citizen the right to carry a gun outside the home does “not undercut the core of the Second Amendment.”
This decision does not appear to strip away licensing requirements all together, but instead requires states to allow for some form of armed self defense for the average citizen.
The ruling also does not change the Supreme Court’s previous precedent which states that the Second Amendment does not guarantee the right to carry concealed firearms in public. So the decision only effects the right to openly carry a firearm outside the home.
If the ruling made by the 9th Circuit is challenged, it will go the Supreme Court, which is currently stacked in favor of President Donald Trump, and would likely drop a pro-gun ruling.
The fact that this decision came from the 9th Circuit Court is extremely surprising. Since President Trump took office, the 9th Circuit has been extremely hostile to Trump, blocking his travel ban multiple times.
It is also surprising consider recent troubles that Trump has had confirming his 9th Circuit Court nominee Judge Ryan Bounds. Trump was forced to withdraw his nomination earlier today after both Sens. Tim Scott (R-SC) and Marco Rubio (R-FL) joined with democrats in race-baiting attack to block his confirmation.
But even without Trump’s nominee on the Court, a positive Second Amendment decision was able to be made.
Big League Politics will keep you updated on any developments to this story.
Will Joe Manchin Pose a Threat to Gun Rights?
Manchin may not be as moderate as some make him out to be.
The common perception heading into the Biden presidency is that West Virginia Democrat Joe Manchin will be one of the most powerful Senators in the next few years.
Given the conservative nature of Manchin’s West Virginian constituents, he has had to take several moderate positions and not move lockstep with the Democrats’ leftist faction. For example, Manchin has already gone on record against getting rid of the filibuster — an idea that is popular among progressives in the Democrat Party.
However, on the Second Amendment, Manchin will likely fall in line with his anti-gun Democrat colleagues, As Cam Edwards reported at Bearing Arms, Manchin told CNN’s Jake Tapper that he is willing to move gun control in the next congressional session. However, he wiggled his way out of Tapper’s question about banning modern sporting rifles.
“There has to be responsibility in gun ownership. I’m not going to eliminate people having their gun,” Manchin answered. “They shouldn’t be scared to death of Democrats on their Second Amendment, taking their guns away. … So no, we’re not going to take people’s guns away, but there are things that we should not have in people’s hands.”
West Virginia is known for having solid gun laws that make it easy for lawful individuals to possess and carry firearms. In light of this, Manchin has to take a measured approach to wedge issues like gun control lest he wants to face the wrath of West Virginia’s rabidly pro-gun voters.
However, we shouldn’t forget that Manchin teamed up with Pennsylvania Senator Pat Toomey in the aftermath of the Sandy Hook massacre to push a universal background check bill. Grassroots pro-Second Amendment activists were able to defeat this anti-gun scheme, which left Obama and company disappointed. Additionally, pro-gun organizations such as the National Association for Gun Rights made a name for themselves in 2013 by exposing this bipartisan gun grab. Manchin can go the anti-gun route like most of his Democrat colleagues and he’ll try to find squishy Republicans to help propose “reasonable” forms of civilian disarmament.
Gun owners will likely have to step up again to confront another set of gun grabs. Democrats are now much more radicalized and they’re looking to exploit nationwide hysteria following the January 6th incident to ram through gun control. As always, right-wingers will have to remain vigilant.
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