Dayton prof says gun ruling will have ‘zero impact’ on Ohio
The applicants were trained in gun use and had clear backgrounds but were unable to provide a convincing reason to carry a concealed weapon in public.
In a one-page order, the three-judge panel of the United States Court of Appeals for the D.C. Circuit agreed to expedite the case with final briefs due in early August.
Covering Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington, the Ninth Circuit ruling concurs with three other regional district courts. The Supreme Court did not take up the issue after those rulings. But in no way did it extend Heller’s logic to guarantee a right to self-defense outside of the home. The list’s omission of laws against carrying guns in public was conspicuous.
The National Rifle Association, which has endorsed Trump, called the majority decision “shameful”. “It’s the whole “e pluribus unum” [‘out of many, one’] conundrum: pluribus or unum, which is it?” Usually, it’s liberals who push for more federal protections for citizens, while conservatives mostly support the right of states to establish laws that abide by regional standards and mores. The 2 Amendment’s predecessor, the 1689 English Bill of Rights, “protected the rights of Protestants to have arms”-but “flatly prohibited” concealed carry”. “The court noted that concealed carry was not guaranteed under English common law but ignored Madison’s observation in Federalist No. 46 that unlike most European kingdoms, in America the prevalence of firearms was the primary defense of freedom against tyranny”. And gun rights have been increasingly liberalized, with 45 states having some form of open carry law on the books, although some include restrictions on either long guns or handguns.
Some political leaders in OR had strong reactions to Thursday’s 9th U.S. Circuit Court of Appeals ruling that determined carrying a concealed weapon in public is not a constitutional right.
It may not have an immediate impact on OR, where such licensing laws are less stringent, but gun control has been a high-profile issue and some say the ruling could fuel Democrats’ reform efforts next year.
In a dissent, Circuit Judge Consuelo M. Callahan said the ruling “obliterates the Second Amendment’s right to bear a firearm in some manner in public for self-defense”.
Mark Joseph Stern, Slate’s writer on legal and LGBT issues, was quite pleased with Thursday’s Ninth Circuit ruling that there is no right to carry concealed firearms.
The case is destined for the Supreme Court, and for the campaign trail.
“The Supreme Court, with existing cases, could easily go in either direction without causing too much of a ripple: It can either say we said from the beginning there were going to be restraints; or that you can’t have the restraints [be so onerous] as to effectively deprive you of the right” to bear arms, says Vile.