9th Circuit just ruled that there is “no right” to carry a firearm

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  • Glaron

    Camp pureblood 13R
    BANNED!!!
    MDS Supporter
    Mar 20, 2013
    12,752
    Virginia

    Qbeam

    Ultimate Member
    Apr 16, 2008
    6,084
    Georgia
    So the term "bear" doesn't mean carry, like "bear the burden" (carry the burden).....


    I guess legislate from the bench is alive and well.


    Q
     

    jcutonilli

    Ultimate Member
    Mar 28, 2013
    2,474
    That is not exactly what was said. They said that history and tradition say so. This is the real danger of simply allowing judges to interpret history and tradition
     

    MDFF2008

    Ultimate Member
    Aug 12, 2008
    24,762
    Maybe this will finally be the case that gets to the Supreme Court.

    But for real, En-Banc decisions are pretty much dead sentences it seems when it comes to the 9th Circuit.
     

    jcutonilli

    Ultimate Member
    Mar 28, 2013
    2,474
    I would motion for a rehearing based on the fact that they introduced a new argument at the en banc level that was not previously raised.
     

    jcutonilli

    Ultimate Member
    Mar 28, 2013
    2,474
    Who raised the new argument, the state?

    Yes. They previously argued that intermediate scrutiny was the appropriate standard. They hired Neal Katyal who did a good job introducing a new argument primarily based on history and tradition. Nobody could really respond because all briefs were due at the same time.
     

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