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The PJ Tatler

by
Bryan Preston

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February 13, 2014 - 11:32 am

The Second Amendment is settled law, people. Stop trying to change it.

The court concludes that California’s broad limits on both open and concealed carry of loaded guns — with no “shall-issue” licensing regime that assures law-abiding adults of a right to get licenses, but only a “good cause” regime under which no license need be given — “impermissibly infringe[] on the Second Amendment right to bear arms in lawful self-defense.” The Ninth Circuit thus joins the Seventh Circuit, and disagrees with the Second, Third, and Fourth Circuits. (State courts are also split on the subject.)

If this holds up, and it will if it gets to SCOTUS, then California will have to issue concealed or open carry permits.

 

Bryan Preston has been a leading conservative blogger and opinionator since founding his first blog in 2001. Bryan is a military veteran, worked for NASA, was a founding blogger and producer at Hot Air, was producer of the Laura Ingraham Show and, most recently before joining PJM, was Communications Director of the Republican Party of Texas.

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Top Rated Comments   
Wait, is this a moment of sanity from the Ninth Circuit?
23 weeks ago
23 weeks ago Link To Comment
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All Comments   (12)
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Whatever judges of any of the judicial circuits decide as Law :

The Constitution as "The SUPREME LAW OF THE LAND", states very clearly in plain English - the language of the nation at its creation as the Constitutional Republic of the United States - what legally protected Rights of the citizens are.

ALL Judges and practitioners of the "ethical practice of Law" swear or affirm on OATH to UPHOLD AND DEFEND that Constitution.

That Constitution contains a Bill of Rights of the citziens to be protected IN LAW. Which Bill is ALSO written in plain English that ANY literate person can understand. AS the SUPREME LAW OF THE LAND

In that Bill of Rights the words of the Second Amendment are as follows:

A well regulated Militia being necessary to the securitiy of a Free State, the RIGHT of the People to keep and bear arms SHALL NOT BE INFRINGED. (emphases added).

SHALL NOT... at the time of the framing of the Constitution IMPERATIVE. An authoritative ORDER, Not request, desire or Hope.

Not a matter of choice for any special group to CHANGE for whatever reason they advance.

Except with DUE PROCESS of LAW. A formal AMENDMENT to the Constituition. Formally applied for and accepted by the citizens via their State Congresses.

The lawful Procedure spelled out in that SUPREME LAW OF THE LAND.

Until that Formal Amendment is in place as a part of the Law of the Land, ALL local, State and federal laws INFRINGING IN ANY WAY on that Right is unconstituitonal i.e unlawful Usage is not enough to render political actions lawful in the Constitutional Republic of the USA, aka "A Country of Law"..
22 weeks ago
22 weeks ago Link To Comment
It probably was a typo. Don't be surprised if a correction is issued or some other type of walk-back comes down the pike.
23 weeks ago
23 weeks ago Link To Comment
The only reason I see that the 9th Circus actually agreed with the Constitution is that California wants the tax money from conceled carry permits, and gun sales, and gun registration, and ammunition sales, and...
23 weeks ago
23 weeks ago Link To Comment
Not hardly.....

The California legislature is doing everything they can think of to make buying guns and ammunition as onerous and difficult as possible.

If, however, they are forced into a "shall issue" situation, they will undoubtedly set the licensing fee as high as they can get away with.
23 weeks ago
23 weeks ago Link To Comment
If I had not read it here I would NOT have believed it! The 9th?

Now, what do you think the MSM is going to make of this? Should be interesting...
23 weeks ago
23 weeks ago Link To Comment
I admit amazement. This is the 9th Circuit, where the judges aspired, not for appointment to the Supreme Court, but to the Politburo. They have not mentioned the Constitution, except to try to declare it void, for generations.

Subotai Bahadur
23 weeks ago
23 weeks ago Link To Comment
I agree. I am in SHOCK reading this post.
23 weeks ago
23 weeks ago Link To Comment
Can't imagine how much it pained them to read the Second Amendment and understand the actual words, and how no amount of b.s. could make them mean something other than what they mean.
23 weeks ago
23 weeks ago Link To Comment
I would love to see Diane Feinstein's face if SCOTUS tells California it has to become a "Shall issue" state.

She would no longer be one of the very few Californians to hold a CCW.
23 weeks ago
23 weeks ago Link To Comment
California, a "shall issue" state? Unbelievable.

(Although if it can happen there, then there may be hope for Massachusetts yet...)

23 weeks ago
23 weeks ago Link To Comment
Wait, is this a moment of sanity from the Ninth Circuit?
23 weeks ago
23 weeks ago Link To Comment
I know! When I find them agreeing with me I have to question my own position!
23 weeks ago
23 weeks ago Link To Comment
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