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posted by martyb on Tuesday August 21 2018, @10:59AM   Printer-friendly
from the Shall-not-be-infringed dept.

On July 24th, 2018 the 9th U.S. Circuit Court of Appeals ruled 2-1 that Hawaiian officials had violated George Young's rights when he was denied a permit to openly carry a loaded gun in public to protect himself. The decision in Young vs Hawaii (PDF warning) holds that the purpose of the Second Amendment is to enable citizens to defend themselves, and that the right to openly carry a firearm in public is implicit in the 2nd Amendment's "right to bear arms". This expands on the Heller vs DC decision, which guaranteed the right to own and keep firearms in the home.

The scope of this decision is currently limited to the 7 States covered by the 9th Circuit. There is little doubt that Hawaii will petition for an en banc review of the ruling and that no matter how that is decided, it is likely to make it to the Supreme Court. The state's only other choice would seem to be compliance with the ruling and allowing the open carry of handguns. For the time being, nothing is going to change, even in Hawaii. The court did not issue an injunction or otherwise impose any requirement for the state to immediately comply with its ruling and state authorities are simply evaluating their options.

One final link to be taken with a grain of salt: a California resident is seeking lawyers who will help file a motion for a Temporary Restraining Order (TRO) against California Attorney General Becerra restraining him from enforcing California's Open Carry bans (California Penal Code sections 25850, 26350, and 26400). The same article calls out the NRA for not taking action:

In any event, you won't see any of the so-called gun-rights lawyers fighting for Open Carry because they, and the organizations which hire them, such as the NRA, CRPA, SAF, CalGuns.nuts, et., oppose Open Carry. How do we know that? They said so in their Federal court filings and/or in their oral argument before Federal judges.

I find it ironic that a Federal judge seems to be taking a more pro-arms position than the NRA itself.


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  • (Score: 3, Informative) by c0lo on Tuesday August 21 2018, @03:30PM (11 children)

    by c0lo (156) Subscriber Badge on Tuesday August 21 2018, @03:30PM (#724216) Journal

    And what about the NRA's 6 million members?

    The gun industry markedriods managed to create a religion.

    To put it in perspective, the number of yoga practitioners in US is estimated to over 36 million [forbes.com]; and I don't think the Indians have had NRA budgets to achieve that.

    --
    https://www.youtube.com/watch?v=aoFiw2jMy-0 https://soylentnews.org/~MichaelDavidCrawford
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  • (Score: 3, Touché) by khallow on Wednesday August 22 2018, @03:12AM (10 children)

    by khallow (3766) Subscriber Badge on Wednesday August 22 2018, @03:12AM (#724527) Journal

    And what about the NRA's 6 million members?

    The gun industry markedriods managed to create a religion.

    Why should one's support for an advocacy group rule out their opinion? Should your growing up [soylentnews.org] in a "former East European communist block countries" rule out your opinion on such matters? Ad hominem-based disregard for peoples' opinions is very caustic. It attacks you just as readily as it attacks those you accuse.

    To put it in perspective, the number of yoga practitioners in US is estimated to over 36 million [forbes.com]; and I don't think the Indians have had NRA budgets to achieve that.

    To put that into perspective, who's trying to deny yoga practitioners from practicing yoga? Suppose some future US theocracy tries to ban yoga. Should these practitioners roll over and accept this tyranny merely because any yoga advocacy group would be in large part funded by yoga-related business? It's interesting how poorly thought-out these arguments against the NRA are.

    • (Score: 2) by c0lo on Wednesday August 22 2018, @09:39AM (9 children)

      by c0lo (156) Subscriber Badge on Wednesday August 22 2018, @09:39AM (#724591) Journal

      Ad hominem-based disregard for peoples' opinions is very caustic. It attacks you just as readily as it attacks those you accuse.

      True.
      But, once in a while, the temptation is huge.

      --
      https://www.youtube.com/watch?v=aoFiw2jMy-0 https://soylentnews.org/~MichaelDavidCrawford
      • (Score: 1) by khallow on Wednesday August 22 2018, @12:48PM (8 children)

        by khallow (3766) Subscriber Badge on Wednesday August 22 2018, @12:48PM (#724629) Journal

        But, once in a while, the temptation is huge.

        Consider why the temptation is huge. It's because you don't have a good argument.

        • (Score: 2) by c0lo on Thursday August 23 2018, @12:12AM (7 children)

          by c0lo (156) Subscriber Badge on Thursday August 23 2018, @12:12AM (#724949) Journal

          As good an assumption as any other
          For instance, I don't have any kind of argument, but the temptation to post shit at the time was overwhelming.
          Doesn't necesarily make me proud, but there you have it.

          --
          https://www.youtube.com/watch?v=aoFiw2jMy-0 https://soylentnews.org/~MichaelDavidCrawford
          • (Score: 1) by khallow on Thursday August 23 2018, @03:52AM (6 children)

            by khallow (3766) Subscriber Badge on Thursday August 23 2018, @03:52AM (#725053) Journal
            I guess that happens to all of us now and then. But my take is that if you really don't have anything to say, but just have to say it anyway, then that's time to revisit your beliefs. Something's probably broken.
            • (Score: 2) by c0lo on Thursday August 23 2018, @04:24AM (5 children)

              by c0lo (156) Subscriber Badge on Thursday August 23 2018, @04:24AM (#725066) Journal

              then that's time to revisit your beliefs. Something's probably broken.

              Oh, so sure of your assumptions, aren't you? Just from curiosity, did they reach the state of beliefs?

              How about resistant insomnia, have to do something, can't do anything useful in a zombified state? I'm not gonna examine the beliefs of anyone in such a state, much less mine.

              --
              https://www.youtube.com/watch?v=aoFiw2jMy-0 https://soylentnews.org/~MichaelDavidCrawford
              • (Score: 1) by khallow on Thursday August 23 2018, @11:25AM (4 children)

                by khallow (3766) Subscriber Badge on Thursday August 23 2018, @11:25AM (#725150) Journal

                then that's time to revisit your beliefs. Something's probably broken.

                Oh, so sure of your assumptions, aren't you? Just from curiosity, did they reach the state of beliefs?

                Assumptions generally start as beliefs unless you're speaking hypothetically. And not much point to criticizing the assumption/belief when it happens to be right.

                How about resistant insomnia, have to do something, can't do anything useful in a zombified state? I'm not gonna examine the beliefs of anyone in such a state, much less mine.

                Or you could be drunk-posting or knee-jerking to some ideological thing. The thing about my observation is that it covers a lot of different causes.

                • (Score: 2) by c0lo on Thursday August 23 2018, @01:00PM (3 children)

                  by c0lo (156) Subscriber Badge on Thursday August 23 2018, @01:00PM (#725185) Journal

                  Or you could be drunk-posting or knee-jerking to some ideological thing.

                  Glad you acknowledge that many explanations are possible and plausible; don't feel compelled to pick any one of them, the probability to be right goes down with the number of possible explanations (and you hate being wrong, dontcha?)

                  Just as a true albeit irrelevant fact, this very one is drunk-posting - glad I had my long due dose of anti-hypoalcoholemia medication; my only regret is that I discovered peat scotch so late in my life; have a lot of catching up to do now.

                  Cheers, mate.

                  --
                  https://www.youtube.com/watch?v=aoFiw2jMy-0 https://soylentnews.org/~MichaelDavidCrawford
                  • (Score: 1) by khallow on Friday August 24 2018, @04:17AM (2 children)

                    by khallow (3766) Subscriber Badge on Friday August 24 2018, @04:17AM (#725607) Journal

                    Or you could be drunk-posting or knee-jerking to some ideological thing.

                    Glad you acknowledge that many explanations are possible and plausible; don't feel compelled to pick any one of them, the probability to be right goes down with the number of possible explanations (and you hate being wrong, dontcha?)

                    I think it'd be a better world if more people hated being wrong rather than merely the embarrassment of being caught being wrong. And a thousand dumb reasons don't make for one smart reason.

                    • (Score: 2) by c0lo on Friday August 24 2018, @04:29AM (1 child)

                      by c0lo (156) Subscriber Badge on Friday August 24 2018, @04:29AM (#725612) Journal

                      I think it'd be a better world if more people hated being wrong

                      I think the world would be a better place if everyone would be conscious s/he can be wrong at any time, especially when teh may slide in pretending they are the ultimate owners of the truth.
                      But then, I can be wrong on that. I can't, therefore, hate myself for it.

                      --
                      https://www.youtube.com/watch?v=aoFiw2jMy-0 https://soylentnews.org/~MichaelDavidCrawford
                      • (Score: 1) by khallow on Friday August 24 2018, @04:55AM

                        by khallow (3766) Subscriber Badge on Friday August 24 2018, @04:55AM (#725627) Journal

                        I can't, therefore, hate myself for it.

                        I don't hate myself for being wrong when I am either. Hating ignorance and error is not the same as hating the person who is ignorant or in error.