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lawrocket

9th Circuit Strikes "Good Cause" Requirement for Licensed Carry of Handguns

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[Quote]n my opinion the thought that was put into the 2nd amendment has now turned into a feeling and a symbolism.

I am actually somewhat in agreement with you on this. The 2nd Amendment IS a symbol. I think, in a sense, that symbolism was a purpose of the 2nnd Amendment.

The whole Bill of Rights was a symbol. It was for feeling. It was meant to placate the People who had an immennse distrust of central government, and for what was good reason. The Second Amendment was part of it.

[Quote]The US incarcerates more people than any other first world country. The US has a serious problem with violence and killing. An armed populace isn't what is keeping your government from going rogue and it certainly isn't making your society polite.

What find compelling (from my own philosophical perspective and personal, yes, "feeling") is that it didn't used to be like this. The Wild West wasn't really so "wild." When did the incarceration rate go up? When did gun violence really increase?

And where is gun violence the worst? We have what is pretty much a holocaust in the inner cities. Efforts to ban handguns haven't worked and may have been counterproductive.

These are arguments in support or against a right. But it's a right! Even the pro-gunners draw lines. The fight is over where the line in drawn.

In this Court's opinion, it's not a "right" if the default position of the government is that you can't do it. Consider alcohol, the right to possession and use of which is allowed under the 21st Amendment to the US Constitution. Alcohol is estimated to be the direct cause of 75k deaths per year in the US. We don't treat it as something that you have to demonstrate a need for in order to obtain it, despite the number of innocent families that are killed on the roads each year. Guns kill 20k Americans each year - 20% of alcohol.

And, like me, a person can actually choose not to exercise a right.

My personal thought is that anything that seeks to infringe upon a right should be presumed invalid. Regardless of whether anybody thinks we should have the right, the right is still there. And once people start weighing factors to work ways around it, to me it becomes "expediency."

I can note something about that 9th Circuit opinion. Both sides were rational, compelling and well reasoned. I just personally find a pretty powerful reason why rights aren't given levels of importance.

But excellent points you make.


My wife is hotter than your wife.

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lawrocket

When did gun violence really increase?



It didn't, at least not for the last 20 years. In fact, it's gone down, steadily, for a long time, and is now at a 30-year low. The impression that you have is fed to you by the media, and is a lie.

Quote

And where is gun violence the worst? We have what is pretty much a holocaust in the inner cities. Efforts to ban handguns haven't worked and may have been counterproductive.



Correct. And blacks commit 50% of murders while comprising only 13% of population. If you removed black crime from America's crime statistics, we'd be sitting pretty.

But we can't talk about that, because that would be racist...

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Boogers

***When did gun violence really increase?



It didn't, at least not for the last 20 years. In fact, it's gone down, steadily, for a long time, and is now at a 30-year low. The impression that you have is fed to you by the media, and is a lie.

Quote

And where is gun violence the worst? We have what is pretty much a holocaust in the inner cities. Efforts to ban handguns haven't worked and may have been counterproductive.



Correct. And blacks commit 50% of murders while comprising only 13% of population. If you removed black crime from America's crime statistics, we'd be sitting pretty.

But we can't talk about that, because that would be racist...

If you dig deeper into the stats, once you adjust for socioeconomic status and family background (i.e. broken homes), race lines disappear.
You stop breathing for a few minutes and everyone jumps to conclusions.

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I'd like to apologize to you gentlemen. I thought this was going to be just another one of the 200 threads on guns, so I threw out the redneck Billy Joe Bob position and left. This has turned into one of the best discussions on guns/law/constitution in years. Thank you.
Nobody has time to listen; because they're desperately chasing the need of being heard.

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quade

***There is no right that is more or less important than any other.



7th is ridiculously quaint as is the 3rd.

I'd be seriously pissed off if the government tried to billet soldiers in my house.
...

The only sure way to survive a canopy collision is not to have one.

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davjohns



I think it is important to understand the US Constitution and it's amendments in context. If you read the Declaration of Independence, you find that the writers were talking about 'certain unalienable rights' that are 'granted by their creator'. That means we are born with these rights. They were not granted by the founding fathers, the US Constitution, or government. We were born with them. They are only enshrined the US Constitution to make clear that government has no business messing with them. The pre-existed any document.



So you think the right to carry a Glock was endowed by the creator and pre-existed ANY document?
...

The only sure way to survive a canopy collision is not to have one.

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okalb

***

Quote

'certain unalienable rights' that are 'granted by their creator'



So what if you don't believe in a 'creator'?

How exactly did the big bang give rights?

:):P


Since you are not from here, allow me to explain. You only get rights if you believe in a creator. Oh, and you better make sure it is the right creator. If you choose the wrong one, you get nothing. ;)

Ramen!
...

The only sure way to survive a canopy collision is not to have one.

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Quote

So you think the right to carry a Glock was endowed by the creator and pre-existed ANY document?



Yeah. It's in the Bible. God gave us the right to carry Glocks and also the right to ignore the IRS. Don't you guys ever listen to late night AM radio?

Don't bet on the Supremes upholding any "radical" 9th Circuit decisions.
The Left Coast Court of Appeals doesn't get much respect in DC.

377
2018 marks half a century as a skydiver. Trained by the late Perry Stevens D-51 in 1968.

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lawrocket

And, like me, a person can actually choose not to exercise a right.



There's no such thing as not exercising a right

Not owning a gun, not speaking, not practicing a religion, etc etc etc - IS exercising those rights. Because it's your choice.

...
Driving is a one dimensional activity - a monkey can do it - being proud of your driving abilities is like being proud of being able to put on pants

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[Quote]There's no such thing as not exercising a right

Not owning a gun, not speaking, not practicing a religion, etc etc etc - IS exercising those rights. Because it's your choice.

Interesting idea. I can't say I disagree with it.


My wife is hotter than your wife.

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kallend

******There is no right that is more or less important than any other.


7th is ridiculously quaint as is the 3rd.
I'd be seriously pissed off if the government tried to billet soldiers in my house.

But that's the thing, in this time period they wouldn't anyway. It would be completely impractical.

The 3rd today is essentially the same as the Constitution guaranteeing they're not going to use your backyard to raise horses. It may have made sense in a certain part of history, but today it's ridiculous.
quade -
The World's Most Boring Skydiver

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These are arguments in support or against a right. But it's a right! Even the pro-gunners draw lines. The fight is over where the line in drawn.



I agree. There is no doubt that americans have the right to own and acrry fire arms.

I am just approaching this from a person who is allowed to own arms, not allowed to carry arms, yet still feels free.

My free speech is more restricted, yet I still feel like I live in a free country.

Hence the symbolism is a little lost on me.

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SkyDekker

Quote

These are arguments in support or against a right. But it's a right! Even the pro-gunners draw lines. The fight is over where the line in drawn.



I agree. There is no doubt that americans have the right to own and acrry fire arms.

I am just approaching this from a person who is allowed to own arms, not allowed to carry arms, yet still feels free.

My free speech is more restricted, yet I still feel like I live in a free country.

Hence the symbolism is a little lost on me.



It sounds that you, like me, don't feel freedom is defined by the right to carry a gun. I feel far freer living where I do, than the time I have spent living in the UK or the US.
Never try to eat more than you can lift

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Stumpy

***

Quote

These are arguments in support or against a right. But it's a right! Even the pro-gunners draw lines. The fight is over where the line in drawn.



I agree. There is no doubt that americans have the right to own and acrry fire arms.

I am just approaching this from a person who is allowed to own arms, not allowed to carry arms, yet still feels free.

My free speech is more restricted, yet I still feel like I live in a free country.

Hence the symbolism is a little lost on me.



It sounds that you, like me, don't feel freedom is defined by the right to carry a gun. I feel far freer living where I do, than the time I have spent living in the UK or the US.

I don't feel that freedom is defined or even all that accurately symbolized by carrying a firearm around everywhere. To me, freedom is about ensuring that restrictions placed on you by a government have been put there in good faith. They don't have to be perfect, if there are problems we can always change them, they just have to be measured and honest about their intentions.

A system where you undergo a background check and get a permit to purchase and/or carry firearms is a good faith measure to prevent people who shouldn't have firearms from obtaining them.

Mandating that firearms be securely stored, particularly when minors would otherwise reasonably be expected to get a hold of them, is a good faith measure.

A system to ban online ordering of ammunition and all in person ammo purchases being recorded and centrally aggregated with personal information and fingerprints "because James Holmes bought 6000 rounds online" is not a good faith measure.

Banning telescoping stocks, pistol grips, and magazines over X rounds are not good faith measures.

Requiring all new handguns to implement microprinting firing pins in order to be added to the list of approved handguns is not a good faith measure.

Forcing a background check to be conducted for each individual transfer with all buyer, seller, and firearm information recorded and aggregated centrally is not a good faith measure.

The "good cause" requirement for a CCW permit is not a good faith measure.

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I don't feel that freedom is defined or even all that accurately symbolized by carrying a firearm around everywhere.



Except that it is for many Americans, since it is pretty much the only first world country where you have a right to do so.

The rest of the world seems to have been able to live in relative peace, and freedom, without having a right to carry a firearm around.

That right is certainly a strong symbolism for what Americans perceive to be freedom.

What I find interesting is that this society with such a focus on freedom, with such a premium placed on freedom, not only incarcerates so many people. But, also has found a way to be less free in most other countries in the world. Americans are more and more seen us unwelcome guests.

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[Reply]What I find interesting is that this society with such a focus on freedom, with such a premium placed on freedom, not only incarcerates so many people. But, also has found a way to be less free in most other countries in the world.



It's not just incarceration. Guns are but one freedom being cut. We know as well as anyone that freedom isn't as free as it used to be. Look at tge NSA. Look what is going on with the press in the US. Just to name a couple.

Guns are a symbol because it's something actually tangible. Here's something you can actually hold and touch that the government can't take that serves the purpose of empowering an individual. It's not some intanglible thing.


My wife is hotter than your wife.

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Quote

Except that it is for many Americans, since it is pretty much the only first world country where you have a right to do so.

The rest of the world seems to have been able to live in relative peace, and freedom, without having a right to carry a firearm around.



I think you have a short - i.e., post-WWII, Euro-influenced - view of history. Also, you, like most of us who live in North or South America, live in a country that on the whole was geographically insulated from much of the immediate peril that endangered the homes of people in Europe and Asia during WWII. Europe has been at relative peace your entire lifetime; but the now-elderly people who well remember when WWII was raging view history - and, thus, the prospects for the long-term future - through a very different lens.

It's an unresolvable, yet still timely and interesting, thought experiment to ponder: if personal firearms ownership throughout Europe and Asia had been as pervasive in the 1st half of the 20th Century as it is in the US, could the fascists of Germany, Italy, Japan, etc. have had the successes they did, necessitating nothing less than total warfare on a global scale to eradicate them? I can tell you that those type of policy considerations provided the philosophical, as well as practical, underpinnings of what came to be codified in the 2nd Amendment to the US Constitution.

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lawrocket

[Reply]What I find interesting is that this society with such a focus on freedom, with such a premium placed on freedom, not only incarcerates so many people. But, also has found a way to be less free in most other countries in the world.



It's not just incarceration. Guns are but one freedom being cut. We know as well as anyone that freedom isn't as free as it used to be. Look at tge NSA. Look what is going on with the press in the US. Just to name a couple.

Guns are a symbol because it's something actually tangible. Here's something you can actually hold and touch that the government can't take that serves the purpose of empowering an individual. It's not some intanglible thing.



I agree.

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Quote

I think you have a short - i.e., post-WWII, Euro-influenced - view of history.



I wasn't really speaking about history. I was speaking about today.

Those of us who grew up in Europe have had significant exposure to the ravages of WWI and WWII. All my friends and schoolmates had family members affected by the war, or fought in it in some form or the other.

Quote

It's an unresolvable, yet still timely and interesting, thought experiment to ponder: if personal firearms ownership throughout Europe and Asia had been as pervasive in the 1st half of the 20th Century as it is in the US, could the fascists of Germany, Italy, Japan, etc. have had the successes they did, necessitating nothing less than total warfare on a global scale to eradicate them? I can tell you that those type of policy considerations provided the philosophical, as well as practical, underpinnings of what came to be codified in the 2nd Amendment to the US Constitution.



It is indeed an interesting thought expirement to ponder. Though WWI got started with a handgun and was facilitated by the inherent downfall of treaties.

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http://www.ca9.uscourts.gov/content/view.php?pk_id=0000000722

Note that there have been four petitions filed against the opinion. The Law Center to Prevent Gun Violence, The Brady Campaign, California Attorney General, and the California Police Chief's association. Conspicuously absent, imo, is the California State Sheriffs Association, which is the organization whose authority to regulate arbitrarily is in dispute.

Note also these are not appeals, as none of the above organizations have standing to appeal this case. These are basically open letters to the entire 9th circuit court for some judge to, of their own accord, request that the decision be reviewed by the entirety of the court rather than just the panel. Lawrocket can correct me if I’m wrong, but I think if that is to happen it would have to happen by today, March 6th.

Legally speaking I think this is a somewhat similar situation to when Prop 8 was overturned and all the anti-gay groups went on tilt because they had no legal means to appeal the decision.

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