General Discussion
Showing Original Post only (View all)I took one for the team and read the Ninth Circuit Young open carry decision. [View all]
The bad news is that I think the decision is correct. Hear me out.
Both the majority opinion and dissent went to excruciating length in discussing the US and English history of the right to bear arms. However, the result could have been briefly stated.
SCOTUS decided in Heller that the Second Amendment creates a personal right - it is not connected with the "well-regulated militia." As the Ninth Circuit notes, the Second Amendment confers a right to keep and bear arms. Bearing arms means carrying. If the right to bear arms is a personal right per Heller, then there is a Constitutionally protected right to carry weapons. In light of the Heller decision, the Ninth Circuit decision is perfectly reasonable.
I expect an en banc review by the entire Ninth Circuit. No matter how the full Court rules, this will really need consideration by SCOTUS which will either have to seriously limit Heller, or every yahoo in America will be free to walk down Main Street with an AR15 on his shoulder. If SCOTUS finds a Constitutional right for every yahoo to do so, there might - just might - be support for a Constitutional amendment - as difficult as that would be.
The problem is that SCOTUS did not consider the unintended consequences in the Heller decision. Supreme Court justices ought to - but often do not - consider the next case before issuing decisions.
Buckle up. This will be interesting to watch.