imported post
Folks,
A new list of successful en banc cases has been released today and Nordyke ain't in it:
http://www.ca9.uscourts.gov/enbanc/view.php?pk_id=0000000037
What this means is, Nordyke's holding that the 2nd Amendment is incorporated in the 9th Circuit is valid case law. Which means the holdings in Heller are valid case law too, applicable to the states.
Heller very specifically says that we have a personal right to "bear" arms as well as "keep" them, for personal defense, and unloaded doesn't cut it. It also says states can regulate concealed carry or even eliminate it, but while doing so it cites (in footnote 9) seven prior cases that all say the same thing: concealed carry can be banned only because open carry is legal, therefore the 2nd Amendment (or state constitutional equivalents thereof) isn't being scrapped.
I'm not saying "go out and open carry" - you WILL get busted. But I believe you'd beat the rap and it would be much smarter to sue immediately. HI bans both open and concealed carry and that, they can't get away with for long.
Folks,
A new list of successful en banc cases has been released today and Nordyke ain't in it:
http://www.ca9.uscourts.gov/enbanc/view.php?pk_id=0000000037
What this means is, Nordyke's holding that the 2nd Amendment is incorporated in the 9th Circuit is valid case law. Which means the holdings in Heller are valid case law too, applicable to the states.
Heller very specifically says that we have a personal right to "bear" arms as well as "keep" them, for personal defense, and unloaded doesn't cut it. It also says states can regulate concealed carry or even eliminate it, but while doing so it cites (in footnote 9) seven prior cases that all say the same thing: concealed carry can be banned only because open carry is legal, therefore the 2nd Amendment (or state constitutional equivalents thereof) isn't being scrapped.
I'm not saying "go out and open carry" - you WILL get busted. But I believe you'd beat the rap and it would be much smarter to sue immediately. HI bans both open and concealed carry and that, they can't get away with for long.