9th Cir., 2-1, holds that open carry is protected by the Second Amendment

[In It to Win It]

bsky.app/profile/gabrielmalor.bsky.social/post/3mbhwfvibzx2f

Gabriel Malor
‪@gabrielmalor.bsky.social‬


9th Cir., 2-1, holds that open carry is protected by the Second Amendment even where a state allows concealed carry, strikes California's law banning urban open carry and its licensing law for open carry in rural counties.

https://cdn.ca9.uscourts.gov/datastore/opinions/2026/01/02/24-565.pdf

[Traildogbob]

1. Yes. And the first one

says keep fucking religion out of politics and law!!!!
How we doing on that one circuit 9.

[Igel]

10. Actually, it says Congress can't make a law 'respecting an establishment' of religion.

It's a limit on what Congress can do, not on what people can do.

[GJGCA]

16. Nor (pre-14th Amendment) make a law on what States could do

Established religion (state level) was a legal thing in the USA well into the 1800s

New Hampshire kept its establishment until 1817; Connecticut kept its establishment until 1818; and Massachusetts did not abandon its state support for Congregationalism until 1833.

https://firstamendment.mtsu.edu/article/established-churches-in-early-america/

[Disaffected]

2. I am continually bemused by the notion that

historical jurisprudence and founding fathers' "intent" is somehow always overridingly significant in a context today that differs greatly from that of many decades ago. Surely the present circumstances should be the driving factor in interpretation of law and the US constitution (or in any other jurisdiction IMO).

[Timeflyer]

3. Because the Founders didn't say NO open carry, we're allowed to strap on the heat and strut around.

How rootin' tootin' stoopid.

[DET]

4. Unsurprisingly...

Two Trump judges and one Bush appointee. Outrageous ruling and ridiculous reasoning by obviously partisan judges.

[JHB]

5. Headline (I wish): The 9th Circuit Court agrees with the Black Panthers, upholds open carry

Plenty of those gun control laws were passed after the BPs started openly exercising their 2A rights.

[NickB79]

9. I was wondering if this was the law passed by Reagan

The Mulford Act.

[Blues Heron]

6. So by that logic shouldn't all drugs be legal etc, since we have to live by whatever they did back then? Idiots

[Haggard Celine]

8. You could buy heroin and cocaine sold in bottles back in the old days.

Maybe we should let people carry muskets around, since that's what the famous Founders had. They didn't have these high-powered rifles and bump stocks and shit. Something's got to give. Do we really want everyone to be carrying guns around everywhere? You're right, this shit is just idiotic.

[MichMan]

19. "Maybe we should let people carry muskets around, since that's what the famous Founders had"

People are still allowed to carry muskets. If you mean ONLY muskets, that is a different argument.

Logically, that would also mean that the 1st Amendment only applies to printed material and spoken words. No first amendment protections would apply for internet, movies, TV, or musical recordings.

[Haggard Celine]

20. Yes, that's what I meant. ONLY muskets.

I've always thought it funny that certain knives and other weapons are banned in lots of places, but you can carry a fucking gun anywhere. Common sense is so uncommon.

[J_William_Ryan]

7. This is another example of the conservative culture of violence.

Conservatives have a lust for violence, whether it’s ‘good guy with a gun’ or blowing up civilian boats with military strikes – conservatives endorse violence as a ‘solution.’

[msongs]

11. 2A does not prohiibit shooting hundreds of people either nt

[valleyrogue]

12. These courts completely make up shit.

"Open carry" is complete and total bullshit.

[Initech]

14. They are also fed nonstop lies and bullshit by Fox.

[valleyrogue]

15. The whole "second amendment" argument was a complete fabrication by the NRA

when Harlon Carter ran it. He actually murdered a young man when he was young, but his conviction was overturned on appeal.

He literally made up that "right to bear arms" bullshit. The Roberts court ran with that garbage.

[Initech]

13. Yeah because this shit wasn't a thing in the 1790s, you dipshits!

[MichMan]

17. People didn't open carry in 1790?

[Initech]

23. They didn't open carry enough weapons and ammo to take out a small army.

[MichMan]

24. You do know who won, right?

[edhopper]

18. Did the read

the Federalist papers. The 2nd was about Militias, not everyone having a gun.

[Greg_In_SF]

21. It's NOT open carry for everyone.

It's open carry only IF you get a permit to carry openly, the same way you have to get a permit to carry concealed.

[DET]

22. How do we know that?

Isn’t that inconsistent with the judges’ statement that ‘There is no record of any law restricting open carry at the Founding’?

[ColoringFool]

25. In PA, Concealed Does NOT Require A Permit.

[randr]

26. So much for the "well regulated" part of the II amendment

[surfered]

27. Isn't the Ninth Circuit considered more "liberal"?