California's ban on openly carrying guns is unconstitutional, appeals court rules

8 months ago by return2ozma to c/news

U.S. Circuit Judge Lawrence VanDyke, a Trump appointee, said in the 2-1 decision that the state’s law could not stand under the Supreme Court’s 2022 landmark gun rights ruling.
the_q 144 points 8 months ago
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FistingEnthusiast 35 points 8 months ago

'Murica...

I'm so grateful to live in a civilised country

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YiddishMcSquidish 19 points 8 months ago

Y'all get a mass shooting and immediately try to fix shit. I'm legit jealous of y'all's :: checks my notes:: basic decency

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FistingEnthusiast 25 points 8 months ago

We've got our fuckwits

Unfortunately, stupidity is celebrated in the US

America seems to be proud of the things it should be ashamed of as a society

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YiddishMcSquidish 14 points 8 months ago

That last line hurts as a native, mainly cause it's so true.

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Ledivin 11 points 8 months ago

Like the venerable Kirk said, some deaths are worth our right to bear arms. Arm up and get ready, y'all, fascism doesn't go quietly.

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ksigley 3 points 8 months ago

This machine kills fascists.

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koella 3 points 7 months ago

Open carry guitar ban incoming

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Sharkticon 90 points 8 months ago

I always find it interesting how they talk about history and tradition in these rulings as if bans on open carries haven't been around since the 1800s.

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YiddishMcSquidish 56 points 8 months ago

I'm a gun person and even I'm taken aback when I see someone open carrying. I don't carry, open or concealed, for a myriad of reasons. Mainly I'm gigantic and trained to fight, but also I'm not a fucking paranoid nut case. The only exception is when I go hiking or camping. Never needed it and hope I never do.

But then you hear idiots talk about "I wish a mfer would give me a reason!"and I realize I'm in the pretty small minority.

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Kirp123 39 points 8 months ago

But then you hear idiots talk about "I wish a mfer would give me a reason!"and I realize I'm in the pretty small minority

They always say that and yet when there's a shooting they're never around to stop them.

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ChicoSuave 16 points 8 months ago

They're addicted to the idea of using violence and being a hero for it.

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SCmSTR 13 points 8 months ago

They always say that and yet when there's a shooting, there's never anyone around to stop them.

Ftfy

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YiddishMcSquidish 7 points 8 months ago

Ikr! I consider people who want to shoot other people complete cowards.

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RememberTheApollo_ 18 points 8 months ago

Sack of hammers looking for a nail. They’re cowards steeped in fear. Always subscribing to that hyper-readiness doctrine spread by self-defense wingnuts that have you looking out for “bad guys” everywhere you go. Because you never know. They could win the “I defended myself” lottery when some rando argues with them on the street over a public parking spot they wanted, gets in their face and out comes the gun. Because you never know, he might have gotten violent.

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BonkTheAnnoyed 2 points 8 months ago

It's hard to imagine the remorse one would be forced to carry after willingly shooting another human being.

Even killer cops have a first murder, which must either break them or drive them deeper into abuse.

It seems horrifying to me.

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RememberTheApollo_ 3 points 8 months ago

They’re all Rittenhouse-ers. Deliberately not avoiding or walking away from escalating situations. Then they get the support from their “I woulda shot the fucker, too” network of gun nut pals.

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Fuckfuckmyfuckingass 20 points 8 months ago

Well the California one is from the 60's and was a direct reprisal to the Black Panthers. I think most historical carry bans applied to concealed carry. The only historical carry ban I can think of was some small "Wild West" towns would make you check your guns when you rolled in, but I'm not sure if that applied to folks that lived there.

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hanrahan 1 point 7 months ago

hey talk about history and tradition in these rulings

Then restrict permits to muzzle loaders only.

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tonytins 38 points 8 months ago

could not stand under the Supreme Court’s 2022 landmark gun rights ruling

So any future gun deaths in California are officially SCOTUS' fault for enabling this.

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ClownStatue 11 points 8 months ago

Pretty much. After they gutted the first half of the amendment, it was only the right to “keep & bear,” and open carry is simply “bearing arms.”

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Manjushri 9 points 8 months ago

No. Not specifically SCOTUS. This has been a team effort. Conservatives have been working on this for decades. SCOTUS is just the final step. The blood will be on the hands of all republicans whose votes allowed this to happen.

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YiddishMcSquidish 2 points 8 months ago

Democrats aren't completely blameless either. This was a group effort, and a rare bipartisan move by both parties.

I mean Obama expanded gun rights during his presidency, specifically lifting restrictions for Amtrak and national parks.

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Manjushri 1 point 8 months ago

Yes, but the occasional support for gun rights among democrats is nothing like the monolithic support for it from the GOP. Pointing out this failing on Obama's part is like pointing out a rain drop falling in the ocean.

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tidderuuf -3 points 8 months ago

You seriously think banning open carry is going to stop someone from shooting people?

Oh boi ....

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tonytins 7 points 8 months ago

How many mass shootings do you hear about in Europe?

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thejoker954 -3 points 8 months ago

That has less (or nothing) to do with open carry and more to do with tighter gun laws in general.

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tonytins 14 points 8 months ago

Tighter gun laws is the exact opposite of open carry.

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tidderuuf -9 points 8 months ago

Last I checked the U.S. isn't Europe and pretty far from it.

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atzanteol -10 points 8 months ago

The number of people who commit shootings often do so with illegal firearms or otherwise violating some firearms laws.

Banning open carry is not the solution. It may be part of a solution but it would not be sufficient.

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tonytins 11 points 8 months ago

It may be part of a solution but it would not be sufficient.

Being part of the solution is one step towards a complete solution and certainly better than doing nothing at all.

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Lemminary 38 points 8 months ago

I feel uneasy looking at our police openly carrying guns. I don't know how Americans look at the average Joe and say, "I trust he's going to keep that in its holster unlike the one who didn't two days ago." 🥴

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Hayduke 37 points 8 months ago

We typically don’t. Someone exercising open carry in public (especially in a non-rural town/city) are generally viewed as a cosplaytriot who has totally confused being a prepared badass with being a paranoid dickhead.

They may argue this, but that’s the general attitude.

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ghostlychonk 10 points 8 months ago
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hakase 18 points 8 months ago

As much of a win as this is, I wish they'd show half as much support for the rest of the rights we're guaranteed by the Constitution.

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gustofwind 7 points 8 months ago

The new rule is everything has to be consistent with the nations “history and tradition” so they’re probably just gonna roll all those back 😬

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vaultdweller013 16 points 8 months ago

Lol get fucked Reagan. Aight let's create some black and white panther cells again and stick em in the capitol.

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MutilationWave 4 points 7 months ago

I'm down for Panthers, just without segregation.

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CannedYeet 13 points 8 months ago

That Bruen case was absolute nonsense. They argued that if no regulations on guns existed in a certain arbitrary time period, that it is unconstitutional to ever have a gun regulation. And then they got the history totally wrong. There were plenty examples of regulations on stuff like open carry. So they got the facts totally wrong!

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favoredponcho 2 points 7 months ago
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phutatorius 1 point 7 months ago

What, you expect good faith from those scheming assholes?

They're charlatans who pretend to channel the dead Founders. Except (A) The founders didn't agree on much; (B) Many of them spoke at length about the need to keep laws updated to meet modern needs; and (C) The conclusions reached by this bullshit process of divination are always exactly in line with the demands of modern conservative politics, and have little to do with the original intent, to the extent that such a thing can ever have been said to exist.

What a coincidence.

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lmmarsano 10 points 8 months ago

I never understood the argument to ban open carry specifically. Isn't it better to know who's packing heat?

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chiliedogg 44 points 8 months ago

I'm a gun owner with a license to carry, though I rarely do.

Open carry bothers me, because it's carrying an implied threat. If I'm carrying (usually because I'm going to the range and think the gun is more likely to be stolen from my car than my hip), I don't want to be carrying a threat. If I accidentally cut someone off in line, I want them to let me know instead of being afraid I'll shoot them. If I'm being unreasonable, I want someone to speak up.

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lmmarsano 1 point 8 months ago

The truth remains you're packing heat. Being an unknown "threat" doesn't change that fact. Your argument seems irrational: you want everyone to assume the falsehood that you're not carrying when you are.

I know there's nothing I can do about anyone if they shoot me. That doesn't stop me from approaching police or anyone who may carry a weapon. I know they won't shoot me unless they want a murder conviction.

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homes 13 points 8 months ago

No, because it normalizes the very neurological disorders that people who want to open carry have. If you can’t go out in public without displaying a weapon, talk to a shrink.

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lmmarsano 7 points 8 months ago

I don't know about neurological disorders.

I've read California outlawed it soon after the Black Panthers started openly carrying. Knowing who's packing heat doesn't seem wrong to me. Seems like transparency.

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favoredponcho 1 point 7 months ago
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homes 0 points 8 months ago

I’d rather not have a lot of crazy assholes walking around carrying guns. Whether they’re open carrying or not.

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lmmarsano 6 points 8 months ago

What bearing does that have on open carry? Seems more like an argument to restrict carrying guns altogether.

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AllHailTheSheep 1 point 8 months ago

if the point of a good guy with a gun is to stop the bad guy with a gun, why would the good guy make himself the first target?

open carry is dumb and has no self defense purpose, it's solely to stroke egos.

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School_Lunch 0 points 8 months ago

If open carry is legal then any psycho could commit mass murder at any second, and no cops or anybody could do anything until after they start opening fire. On the other hand, if it is illegal then cops could step in at the first sight of a gun.

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frongt 11 points 8 months ago

If open carry is legal then any psycho could commit mass murder at any second, and no cops or anybody could do anything until after they start opening fire.

If it was illegal, they'd just conceal it until they started shooting. Pretty sure that's how most attacks already happen.

On the other hand, if it is illegal then cops could step in at the first sight of a gun.

They could, but as above, a shooter would probably have it concealed. Even with legal open carry, a cop should step in as soon as a gun is brandished. But really, when has a cop ever stepped in to prevent a shooting? Even in Uvalde, a whole department full of cops outside a school of children being murdered still did nothing.

(I don't personally have a strong opinion on whether open carry should be legal or illegal. I think we should have stricter requirements for ownership at all.)

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lmmarsano 8 points 8 months ago

Are you mistaking being armed with open carry?

if it is illegal then cops could step in at the first sight of a gun.

Wouldn't the concealed carrier open fire immediately or even before exposing their weapon? Are we talking about a split-second difference if any?

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School_Lunch 1 point 8 months ago

Most mass shootings are done with a rifle, which is a bit more difficult to conceal. And yeah if everything goes to plan for the shooter and they keep it concealed then it would only be a matter of seconds, but there's always a chance that cops, given the opportunity for guns to be something to be on the lookout for, will be able to step in sooner.

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0tan0d 7 points 8 months ago

California should just change the population from 200k to 100k and pass the law again. Keep doing it and appeal. If trump can jam up the courts with bullshit the state can too.

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LastYearsIrritant 2 points 7 months ago

199k

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Kolanaki 1 point 7 months ago

Just change the population from 200k to 100k

...By shooting them?

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0tan0d 1 point 7 months ago

did you read the article at all?

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Kolanaki 1 point 7 months ago

Yes... Did you not understand the joke based on your ambiguous phrasing?

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0tan0d 1 point 7 months ago

haha no but its like they say the best jokes are ones you have to explain.

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HulkSmashBurgers 6 points 8 months ago

I went shooting once with some friends. It wasea pretty good experience but I have zero desire to ever own a gun. I don't understand these people who want to open carrry.

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cerebralhawks 19 points 8 months ago

I own a gun and I’m afraid to open carry because of the liability. A gun weighs so much more when you’re around people you don’t know. You don’t ever not feel it on your hip. And I think that’s a good thing. You should feel that weight. Because it’s a responsibility.

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prole 4 points 8 months ago

I think you're confusing what you felt, with what people in general feel. Unfortunately, I think there is a significant number of Americans that open carry, and feel nothing of the sort.

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Kolanaki 3 points 7 months ago

They feel the weight in their crotch, not in their holster.

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HulkSmashBurgers 2 points 8 months ago

Yeah I can imagine. It was stressfull just holding and shooting the guns at the range. I agree having one out and about should be everpresent in your mind.

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NauticalNoodle 5 points 8 months ago

California is where this battle started. It took a hefty dose of racism to get gun control passed their. F*** Reagan!

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Tollana1234567 5 points 8 months ago

reagan also railed against sagaftra and secured his own agreement, at the expense of the other actors.

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iterable 4 points 8 months ago

Remember fire arms are for the rich and if you try to have them debate a gov program to give everyone a fire arm to embrace their 2nd amendment right they will back track real quick. Every time a pour community is given fire arms you will hear the right ask for gun regulations faster then ever.

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boaratio 4 points 8 months ago

Fuck this, fuck all of this. I grew up with guns as a kid, and this is just nonsense. I don't own guns as an adult, and none of this makes sense. The United States had more guns per capita than any other nation, and we have more mass shootings than any other nation. In this case, causation is correlation.

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Garbagio 2 points 8 months ago
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Tedesche 2 points 8 months ago

Except it’s not and never is. You have to prove causation.

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LostWanderer 2 points 8 months ago

I'd rather know that someone has a gun on them, I'd rather them ban concealed carry. Guns generally give me the heebie-jeebies, I prefer to know who to avoid in public situations and make sure to keep out of my life.

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BigTrout75 1 point 8 months ago

Hmm, only took 25 years to get to this point.

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DarrinBrunner -1 points 8 months ago

At least if they're open carrying, you know who to avoid and keep an eye on? Also, they can be denied service at businesses, and should be.

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