Liberal 9th Circuit backs right to carry firearms in public

[Frostbit]

Liberal 9th Circuit backs right to carry firearms in public

The liberal Ninth Circuit Court of Appeals endorsed the right of individuals to carry firearms in public in a ruling Tuesday, striking down a lower court argument that the Constitution only protects that right at home.

“Analyzing the text of the Second Amendment and reviewing the relevant history, including founding-era treatises and nineteenth century case law, the panel stated that it was unpersuaded by the county’s and the state’s argument that the Second Amendment only has force within the home,” the ruling states.

[scott]

Surprising.

I'm curious about why 19th Century case law is relevant though.

[Celeste Chalfonte]

Surprising.

I'm curious about why 19th Century case law is relevant though.

It's probably the earliest case law on the topic. The citizenry from 1789 through the early 1800's would have considered it a silly question. I suspect the idea of restricting the carrying of a weapon arose, as so much conflict in the law did, in the run-up to and aftermath of the Civil War.

That's probably the first time the government tried to restrict the right of citizens to bear arms, when it decided that no one who fought for the Confederacy was fit to bear arms. After work, I'll read the whole decision and report back. Could get interesting. I believe the composition of the 9th has changed slightly since Peruta.