View Single Post
  #277  
Old 08-04-2017, 12:03 PM
mrrabbit mrrabbit is online now
Veteran Member
 
Join Date: Jan 2013
Location: Northern California
Posts: 2,943
iTrader: 13 / 100%
Default

Quote:
Originally Posted by Diamondi88 View Post
CA9 will just repeat "Open carry is not the protected right in the 2nd amendment and therefore can be regulated into none existence" It will not review the case in light of Peruta. They will ignore Peruta ruling altogether because it will not be revisited by the court. This case will not cause a review of the Entirety of the scheme to allow some form of carry be available to the common person. This case has the same handicap as Peruta did, and CA9 will abuse logic to come to the same conclusion.

just my 2c.
You are conveniently or purposely omitting something:

1. CA9 cherry picked Heller v. DC in the Peruta case and ran with it:

"Prohibitions on concealed carry can be upheld . . ." (paraphrasing)

They ducked ALL ELSE from Heller v. DC which was their strategy to get around Peruta's request for "some form of remedy (paraphrasing)".


2. Logic suggests that CA9 is well aware of Heller v. DC's comprehensive discussion on:

a. keep (to own)
b. bear (to carry)


3. Therefore, CA9 is well aware that Open Carry is the default mode by which the right is freely exercised and the 600+ years of tradition and precedent as covered in Heller v. DC.


4. And thus we arrive at the cold, manipulative and cruel logic of the "devil", the sophist, the politician with an agenda - or as in the case of CA9 - activist judges:

"The devil is in the details...."


As I've stated many times here before - even when they appear to decide in our favor - it's still not a win. The "devil" in the details will always reveal the politicians, bureaucrats and judges acting in a manner that protects the "system" as THEY see it and run it.


The Uniparty a.k.a., the Statist party simply will not tolerate us peons enjoying Loaded Open Carry.


I do not see Mr. Nichol's getting what he wants on LOC.


The Uniparty a.k.a., the Statist party simply will not tolerate us peons enjoying Unloaded Open Carry UNMOLESTED.


All they have to do is strike down the most recent ban on Unloaded Carry setting the clock back to 2012.


a. Anyone practicing UOC will be constantly stopped and told to present their papers.
b. Anyone practicing UOC will be constantly subject to a "serial" check.
c. Anyone practicing UOC will be constantly subject to "SWATting".
d. Anyone practicing UOC who tries to fight back using California's Penal Code provision for Criminal Harassment will simply discover that for them - it's printed on the same toilet tissue that the the Constitutions is printed on.


The activists don't just cherry pick the content - they cherry pick the type of paper it's printed on.


Striking down UOC is a loss for Nichol's, NOT a win.
Appealing inaction on LOC is a loss for Nichol's, NOT a win.

SCOTUS will say, open carry is open carry, and deny cert.


The Uniparty a.k.a., the Statist party wins in my scenario. There's no need to go the total ban route. Doing so would likely result in SCOTUS taking it up on appeal which is riskier.

These activist judges on CA9 aren't stupid!

=8-|
__________________
Justice Thomas: " I find it extremely improbable that the Framers understood the Second Amendment to protect little more than carrying a gun from the bedroom to the kitchen. "
Reply With Quote