The recent headlines from California about the Federal Ninth Circuit Court of Appeals may have passed right over most gun owners heads. Here’s a Federal court ruling on a decision affecting Californians — how could it affect gun owners across the nation?
The Yankee Marshal did a fantastic video where he addressed potentially how the Ninth Circuit Court of Appeals decision could affect us all. For those unfamiliar with this guy, he’s had a YouTube channel for years where he talks about guns, gun culture, and concealed carry topics. His take on this recent decision is actually one of the better balanced views out there.
In short, the Ninth Circuit of Appeals decision sets a dangerous precedent that could be capitalized upon by those who want to see the Second Amendment heavily restricted. Already, Californians are placed under an immense burden when purchasing firearms and doubly so if they actually want to carry them.
Because California does not have any statewide recognition of a right to carry, each county is left to decide how restrictive they want to be in issuing concealed carry permits. In counties like Los Angeles County and San Francisco, concealed carry permits are about as rare as unicorns. For those lucky enough to get issued one, the permits are subject to heavy restrictions and have to be renewed far more regularly than permits in other parts of the country.
At first glance, any non-Californian may be inclined to say, “who cares? I don’t care what cruel practices those barbaric Californians impose on their citizenry. I live in a state that openly and freely accepts my right to carry a handgun either concealed or openly.”
For now, you’d be right.
However, we have Supreme Court nominations on the horizon. The only court in the land that can overturn this Federal decision is the Supreme Court and if the Supreme Court upholds the Ninth Circuit decision that carrying a concealed firearm is not a constitutionally protected right, we’ve now opened Pandora’s Box to every politician who wants to implement extreme and tough regulations on concealed carry permits beyond California.
The Ninth Circuit decision was incredibly restrictive on the interpretation of the Second Amendment. Basically, they acknowledged that concealed carry is not explicitly covered in the Second Amendment without acknowledging that the right to bear arms is explicitly covered.
If Californians were allowed to open carry, this is a decision that would have reflected a view on California’s particular style of doing business. However, Californians in many counties do not have the ability to open carry so concealed carry is the only feasible way for a citizen’s ability to bear arms.
The Ninth Circuit conveniently overlooked this fact.
And now, because it’s at the Federal level and no longer at the State, the only court that can overturn this decision is currently split. If a conservative judge is appointed to the seat, the decision may be overturned or at least amended to reflect the reality of the situation: where concealed carry is not constitutionally valid, open carry must be.
If a liberal judge is appointed to the seat, however, the Supreme Court may decide to uphold the Ninth’s decision and then every state that has fought so tooth and nail must now fight a legion of special interests who will flood the coffers of any politician promising to reign in gun rights in their state.
This is not a comfortable position. Let’s just hope a conservative judge makes it in.
