The Ninth Circuit, in an en banc decision of Peruta v. Cty. of San Diego, has ruled that the Second Amendment does not protect an individual’s right to carry a concealed in public.
From The Ruling
The en banc court held that the history relevant to both the Second Amendment and its incorporation by the Fourteenth Amendment lead to the same conclusion: The right of a member of the general public to carry a concealed firearm in public is not, and never has been, protected by the Second Amendment.
Therefore, because the Second Amendment does not protect in any degree the right to carry concealed firearms in public, any prohibition or restriction a state may choose to impose on concealed carry — including a requirement of “good cause,” however defined — is necessarily allowed by the Amendment. The en banc court stated that there may or may not be a Second Amendment right for a member of the general public to carry a firearm openly in public, but the Supreme Court has not answered that question.
Hold up. Let’s cover this again. According to this ruling, there is “no right” under the Constitution to carry a concealed firearm. But, since SCOTUS has already ruled that the 2nd Amendment guarantees the right to keep and bear arms, so then, would it not seem, at least to a reasonable person, that Americans have a right to open carry?
The Ninth allows as much in their ruling, as they point out that such a direct question has yet to be ruled on by SCOTUS. Pretty silly, as the squabbling comes down to a fabricated argument, strawman if you will. The language is clear and has no hidden meaning – the right to keep and bear arms shall not be infringed.
Anyone who knows the fundamentals of Constitutional law knows that this wording is concise & clear for a very specific reason. There is no wiggle room. There is no legal room for re-definition, short of a Constitutional Amendment – unless we the people allow the usurpers to do just that.
But we’re a little beyond that at this point, we’ve allowed compromise after compromise for our 2nd Amendment rights, and it’s gotten us, as legal gun owners, no where & nothing but more blame and vitriol from an increasingly vile and eager-to-control Progressive mindset.
There’s been a lot of talk about the next President choosing Scailia’s replacement. Seems that, after this ruling, that replacement may be, more than ever, the most important obstacle standing between Authoritarians in Government and our 2nd Amendment freedoms.