9th Circuit Court: Does the Second Amendment Apply Outside the Home?


On June 16 2015 the 9th U.S. Circuit Court of Appeals begins hearing an appeal of their own decision against the “good cause” requirement in California’s concealed carry process.

AWR HawkinsThe 3-judge panel of the 9th Circuit ruled against the requirement in February 2014, saying, “The right to bear arms includes the right to carry an operable arm outside the home for the lawful purpose of self-defense.” Moreover, they ruled that because the right extends outside the home, there is no need to show “good cause”– the right to do so is cause enough.

But the court is revisiting the case in an appeal that is essentially a decision on whether to uphold the ruling that Second Amendment rights extend outside the home like First, Third, Fourth, and Fifth Amendment rights, etc. An 11-judge panel will hear the appeal to the 2014 ruling.

According to Contra Costa Times, gun  control proponents believe the U.S. Supreme Court failed to expressly state that the Second Amendment is as broad in scope as the other amendments. Therefore, they actually hope the court reverses itself and forces the Supreme Court to revisit and clarify District of Columbia v Heller (2008) and McDonald v Chicago (2010)–both of which struck down district and city gun ordinances that barred the possession of guns for self-defense in the home.

The anti-gun Law Center to Prevent Gun Violence’s Mike McLively said: “After (those decisions), one of the big questions is does the Second Amendment apply outside the home. Getting an answer to that question is important in terms of policy.”

Since America’s founding, citizens have viewed all the rights protected in the Bill of Rights as having the same breadth and scope, because they all have the same source–our Creator (Thomas Jefferson). A 9th Circuit reversal will necessarily depart from Jefferson’s view.

Follow AWR Hawkins on Twitter @AWRHawkins.

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