HI: 9th Circuit panel rules 2A protects right to carry gun in public

[SewTexas]

IMHO, if they allow open carry but not concealed, they've limited the right to bear DE FACTO because of the stigma attached to open carry...and THEY KNOW IT!

I carry concealed because I can. If open carry was my only option, then I would open carry!

yes, this^ if it were my only option, that's what I would do.

[RoyGBiv]

The Ninth Circuit will rehear this case en banc.

For more on the panel decision from last Summer, see here. The panel will include the Chief Judge Sidney R. Thomas, plus 10 randomly selected judges; those judges must come from either the roster of active judges, or of the senior judges who served on the panel, if they want to be eligible for the en banc (in this instance, Judge O'Scannlain and Judge Clifton). En bancs in most circuits include the entire court, but because the Ninth Circuit is so large, its en banc panels include only 11 judges.)

To the extent such things are relevant, the Ninth Circuit has 23 active judges, of whom 7 are Republican appointees and 16 (including Chief Judge Thomas) are Democratic appointees. At the same time, note that Judge Clifton, while a Republican appointee, voted against right-to-carry on the panel; and some Democratic-appointed judges on the Ninth Circuit endorsed an individual rights view of the Second Amendment even before D.C. v. Heller, though that doesn't say what they think of carrying outside the home.

http://reason.com/volokh/2019/02/08/rig ... headed-for

No surprise.....

Judge Clifton is a Donkey.

en Banc reversal in 3.... 2..... 1....

[K.Mooneyham]

IMHO, if they allow open carry but not concealed, they've limited the right to bear DE FACTO because of the stigma attached to open carry...and THEY KNOW IT!

I carry concealed because I can. If open carry was my only option, then I would open carry!

I have no reason to doubt that YOU would OC if that was the only option. However, I firmly believe that many would NOT OC for the reasons I have stated earlier. Also, OCing would make it much easier for a business to ban you from the premises while doing so, unless the law stated otherwise. And I think we both know that a legislature bent on preventing people from legally carrying firearms isn't going to do anything to help those carrying. Again, I am not opposed to OCing, nor do am I a believer in any of the misinformation about it.

[cyphertext]

IMHO, if they allow open carry but not concealed, they've limited the right to bear DE FACTO because of the stigma attached to open carry...and THEY KNOW IT!

I carry concealed because I can. If open carry was my only option, then I would open carry!

I have no reason to doubt that YOU would OC if that was the only option. However, I firmly believe that many would NOT OC for the reasons I have stated earlier. Also, OCing would make it much easier for a business to ban you from the premises while doing so, unless the law stated otherwise. And I think we both know that a legislature bent on preventing people from legally carrying firearms isn't going to do anything to help those carrying. Again, I am not opposed to OCing, nor do am I a believer in any of the misinformation about it.

I disagree... if open carry were the only option today in Texas, I think you would see many open carrying. Much of the stigma comes from the fact that we have concealed carry available as a legal option. Make open carry the only legal option and many of the folks who carry concealed legally today would be open carriers.