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Friday, February 14, 2014

Ninth Circuit finds Second Amendment includes a right to carry a gun

When pigs fly! I presumed sooner or later a court would define "bear" as in "to keep and bear arms". Never did I dream that that court would be the Ninth Circuit Court of Appeals. At issue was the conditions California local governments place on concealed carry permits. In the case it decided the city of San Diego required the applicant to demonstrate a need for a permit. The court used the original text of the second amendment to reach its decision.
The Second Amendment secures the right not only to “keep” arms but also
to “bear” them—the verb whose original meaning is key in this case. Saving us
the trouble of pulling the eighteenth-century dictionaries ourselves, the Court
already has supplied the word’s plain meaning: “At the time of the founding, as
now, to ‘bear’ meant to ‘carry.’”
Pretty straight forward! If the 9th Circuit can get this right what the hell is the matter with the rest of California? You may read the opinion here and Eugene Volokh provides a legal analysis at the Washington Post.

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