The Blue Steel Right to Life, Liberty, and the Pursuit of Happiness
Every American should rejoice over last week's stunning 2-1 Second Amendment decision in the Ninth Circuit Court of Appeals, which invalidated San Diego's unconstitutionally restrictive infringements regarding the right to bear arms. The irony will be lost on no one, especially on the Left. Per the Los Angeles Times:
In a significant victory for gun owners, a divided federal appeals court Thursday struck down California rules that permit counties to restrict as they see fit the right to carry a concealed weapon in public.
The 2-1 ruling by a U.S. 9th Circuit Court of Appeals panel would overturn restrictions on carrying concealed handguns, primarily affecting California's most populated regions, including Los Angeles, Orange County, San Diego and San Francisco.
The majority said the restrictions violate the 2nd Amendment's guarantee of the right to bear arms because they deny law-abiding citizens the ability to carry weapons in public unless they show they need the protection for specific reasons.
"We are not holding that the Second Amendment requires the states to permit concealed carry," Judge Diarmuid O'Scannlain, a Reagan appointee, wrote for the panel. "But the Second Amendment does require that the states permit some form of carry for self-defense outside the home."
You can read the court's decision here. And you should, because this one is headed to the U.S. Supreme Court, where (in a rare departure for the 9th Circuit) it is unlikely to be reversed. The final constitutional victory over the Suicide Cult of the Left may be at hand, and the explicit promise of the Declaration of Independence settled once and for all.
Quoting liberally from the Supreme Court's landmark Heller and McDonald decisions, the circuit court essentially said that while the state may regulate the manner in which handguns may be carried for personal protection, it may not do so by making it practically impossible for law-abiding citizens to afford themselves the protections -- both constitutional and physical -- of the Second Amendment.
We are well aware that, in the judgment of many governments, the safest sort of firearm-carrying regime is one which restricts the privilege to law enforcement with only narrow exceptions. Nonetheless, “the enshrinement of constitutional rights necessarily takes certain policy choices off the table. . . . Undoubtedly some think that the Second Amendment is outmoded in a society where our standing army is the pride of our Nation, where well-trained police forces provide personal security, and where gun violence is a serious problem. That is perhaps debatable, but what is not debatable is that it is not the role of this Court [or ours] to pronounce the Second Amendment extinct.” Id. at 636. Nor may we relegate the bearing of arms to a “second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees that we have held to be incorporated into the Due Process Clause.” (McDonald, 130 S. Ct. at 3044.)
Article printed from Unexamined Premises: http://pjmedia.com/michaelwalsh
URL to article: http://pjmedia.com/michaelwalsh/2014/2/17/the-blue-steel-right-to-life-liberty-and-the-pursuit-of-happiness