Ninth Circuit upholds ruling denying right to carry concealed weapon in public | Arkansas Blog

Thursday, June 9, 2016

Ninth Circuit upholds ruling denying right to carry concealed weapon in public

Posted By on Thu, Jun 9, 2016 at 5:52 PM

The Ninth U.S. Circuit Court of Appeals has roiled the gun lobby with a 7-4 decision upholding a lower court finding that the 2nd Amendment does not provide the unlimited right to carry a concealed weapon in public.

The protests have come from, among others, Attorney General Leslie Rutledge, who naturally jumped into this case on the side of concealed guns. She said:

“The idea that a State can completely ban or unfairly restrict the right of a law-abiding citizen to carry a concealed weapon ignores the written text and history of the Second Amendment and is unconstitutional,” said Attorney General Rutledge. “I believe states can create concealed carry permitting laws consistent with the Constitution, but such laws must be fair, even-handed and not unduly restrictive of the ability of citizens to actually obtain conceal and carry permits. San Diego County’s concealed carry permitting scheme amounts to a total or nearly total ban on concealed carry, which is why I joined an amicus brief in support of the gun owners in this case.”
Some important facts left out by Rutledge in decrying the ruling, which many legal authorities think unlikely to be overturned. Thanks to Talking Points Memo.

Said the court's opinion:

As the uncontradicted historical evidence overwhelmingly shows, the Second Amendment does not protect, in any degree, the right of a member of the general public to carry a concealed weapon in public.

The Second Amendment may or may not protect to some degree a right of a member of the general public to carry a firearm in public. If there is such a right, it is only a right to carry a firearm openly But Plaintiffs do not challenge California’s restrictions on open carry; they challenge only restrictions on concealed carry."
The opinion is the same as opinions issued in the Second, Third and Fourth Circuits, but was contradicted in the Seventh, according to the Wall Street Journal. Sounds like there's some text and history that Rutledge chose to ignore.

Tags: , , , ,

From the ArkTimes store

Favorite

Comments (6)

Showing 1-6 of 6

Add a comment

 
Subscribe to this thread:
Showing 1-6 of 6

Add a comment

More by Max Brantley

  • Hear Our Voice: a message for politicians

    Hear Our Voice AR is holding an event from 5 p.m. to 9 p.m. tonight at White Water Tavern at which participants write postcards to elected officials.
    • Feb 19, 2018
  • New evidence brings a call for the impeachment of Justice Clarence Thomas

    Jill Abramson, writing in New York, says it's time to impeach Clarence Thomas. We shouldn't have a lying sexual harasser on the U.S. Supreme Court.
    • Feb 19, 2018
  • Conner Eldridge forms NWA law firm

    Conner Eldridge, the former western district U.S. attorney who made an unsuccessful Democratic race for U.S. Senate in 2016, has announced formation of a new law firm, based in Rogers, with Steve Brooks, a former Friday Firm partner.
    • Feb 19, 2018
  • More »

Readers also liked…

  • 'Million-Dollar Thursday': A visit to Sherwood's hot check court

    We take a visit to the weekly hot check court in Sherwood District Court, the subject of a recent civil rights lawsuit filed by ACLU Arkansas and others, who say the system there results in a modern-day debtor's prison
    • Aug 25, 2016
  • Sabin's subterfuge in the race for mayor has roots in rigged city government

    The Arkansas Democrat-Gazette reports that an ethics complaint has been filed saying that the exploratory committee Rep. Warwick Sabin created to prepare for a run for Little Rock mayor was a subterfuge to avoid the city ordinance that doesn't allow campaign fundraising to begin until five months before the November 2018 election.Of course it is.
    • Aug 10, 2017
  • Satanic Temple: Make Rapert pay for Ten Commandments monument

    A petition drive has begun to encourage a demand that Sen. Jason Rapert pay for the legal fees in defending his Ten Commandments monument proposed for the state Capitol grounds. It's more work by the Satanic Temple, which has fought church-state entanglement around the country.
    • Aug 28, 2016

Most Shared

  • In the margins

    A rediscovered violin concerto brings an oft-forgotten composer into the limelight.
  • Donald Trump is historically unpopular — and not necessarily where you think

    My colleagues John Ray and Jesse Bacon and I estimate, in the first analysis of its kind for the 2018 election season, that the president's waning popularity isn't limited to coastal cities and states. The erosion of his electoral coalition has spread to The Natural State, extending far beyond the college towns and urban centers that voted for Hillary Clinton in 2016. From El Dorado to Sherwood, Fayetteville to Hot Springs, the president's approval rating is waning.
  • Arkansans join House vote to gut Americans with Disabilities Act

    Despite fierce protests from disabled people, the U.S. House voted today, mostly on party lines, to make it harder to sue businesses for violating the Americans with Disabilities Act. Of course Arkansas congressmen were on the wrong side.

Most Viewed

  • Another Trump propagandist from Arkansas gets blasted

    If Sarah Huckabee Sanders is Donald Trump's Baghdad Barbie, spouting implausible statements in support of her boss in the style of Saddam's Baghdad Bob, then let's make El Dorado native Hogan Gidley Baghdad Ken.

Most Recent Comments

 

© 2018 Arkansas Times | 201 East Markham, Suite 200, Little Rock, AR 72201
Powered by Foundation