43 Comments
Mar 25, 2021Liked by Emily Miller

The 9th Circus Court strikes again!

Expand full comment
Mar 25, 2021Liked by Emily Miller

2nd Amendment is all we need, please don’t start a civil war.

Expand full comment
Mar 25, 2021Liked by Emily Miller

Leave it to the left to leave us unprotected. There are places I used to walk daily that it was best if you carried, open carry is even more of a deterrent to any attack.

Expand full comment
Mar 25, 2021Liked by Emily Miller

Emily, I very much appreciate your reporting on this issue.

Expand full comment
Mar 25, 2021Liked by Emily Miller

As a daily concealed carrier in TX, the passage of open carry made things much harder. It made businesses more aware and many many more put up the appropriate legal notices that entering with a weapon, even concealed, was criminal trespass.

Expand full comment
author

I'm glad you said that. I don't like these open carry groups who make a spectacle of it for news or attention. The purpose of carrying a gun is self defense, not to get on TV or youtube videos by scaring a bunch of moms in Starbucks. I wonder how much their actions influenced the court's decision to rule against Mr. Young, who does nothing like that?

Expand full comment
Mar 25, 2021Liked by Emily Miller

The 2nd amendment is very plain on the issue, bear arms shall not be infringed.

Expand full comment
Mar 25, 2021Liked by Emily Miller

They erased Open Carry in this one (Young), after they painted themselves into a corner saying there is no right to Concealed Carry in Peruta. Both times an en banc was needed to undo a favorable Court ruling. This should get some attention at SCOTUS...eventually.

Expand full comment
author

I don't know the answer, but do all appeals courts work like the 9th-- you get a first ruling and then you get a second shot via en banc? Peruta would have changed the whole state if it was allowed to stand before Kamala Harris got involved.

Expand full comment
Mar 25, 2021Liked by Emily Miller

Good article about a horrible Circuit Court ruling 👎 Pennsylvania’s Constitution Article 1 Section 21 clearly states “The right of the citizens to bear arms in defense of themselves and the State shall no be questioned.” This and similar declarations from other states were used when the Framers were composing the Second Amendment to the U.S. Constitution. It doesn’t get more clear than that. My biggest concern is that the since Supreme Court has turned into a bunch of Second Amendment chickenshits it will decline to hear this challenge the the looney 9th ruling

Expand full comment
author

It's such a mystery when the SCOTUS will finally address these rulings on appeals levels that clearly don't abide by the Constitution. I guess we have to wait until they know more about Amy Comey's perspective? Also why does PA (or any state) have to put the Second Amendment words in the state constitutions? Why is that necessary to repeat?

Expand full comment

IICR, there were some states at the time (just pre-Second Amendment) that had some form of acknowledgement that self-defense is a God-given right to guarantee citizens the right to defend themselves and the State. Pennsylvania had the right guaranteed in 1790 (and I believe it’s more definitive and declarative than the 2A) and I think it was included as the Second Amendment in the U.S. Constitution a year later.

So the U.S. Constitution was the copycat 😂 I think I need to revisit all my cool Dave Kopel papers and others I’ve collected over the years 😉

As for SCOTUS (as in, Roberts - whose folks are from my home town fwiw) they’re so frustratingly determined to NOT take up a 2A case for some goofy reason - just like any of the voting cases. They don’t want to upset the equilibrium or some dumb thing.

There are a couple good papers about the 2A being the forgotten amendment. Ask Clarence Thomas, he’ll tell ya’ 👍

Expand full comment

There are numerous comments that can be made in response to the Ninth Circuit Courts ruling here. First could be that their ruling was expected as it is consistent with their liberal left leaning track record. They further have the record of being the most overturned Circuit Court in the nation. I find the lack of knowledge of our founding father history / principals deeply troubling in our society, but especially troubling in our justices. The founding fathers did not include the Second Amendment to insure the right to go hunting, nor exclusively for the right of personal protection, the founding fathers had just fought the King of England for Independence, for Freedom and Liberty. The Second Amendment’s key intent and purpose is to preserve those Individual and corporate rights of Freedom and Liberty. The argument that the Second Amendment does not protect the right to possess modern arms is a failed position as the Patriots possessed the same arms as the Crown. The American people lost the right to posses similar arms to our military in 1968, so citizens are already at a disadvantage in the founding father’s intended purpose for establishing the Right of the people to bear arms, the right to defend against elected leaders who have turned tyrannical. You do not have to examine the actions of today’s elected leaders very long before you see the reality of such government abuse. As society cries out that we have to do something to end mass shootings, we must truly examine the root cause of these horrific crimes. When I attended high school, we had students who left their trucks unlocked with uncased shotguns in window racks in their pickup trucks during shotgun deer season, parked on school grounds, there was not a single incident. So we ask what has changed ? Sadly no one will accept the truth here, we have chased God from our society, morality has been banished, legislated out of existence. Without moral people, no society can function, unless we turn to the tactics of suppression and control. These lessons can be seen in the history of WW-2 Germany, and in the failed leadership of South American Nations. The battle ground is being laid for this to go to the Supreme Court. We already have opposing rulings from other circuit courts.

As presidential administrations, congress, State and Local jurisdictions take executive action and legislative measures to “curtail” gun violence, they may pass gun bans, but how will they get 20 million owners of AR styled firearms to comply ? States have passed similar laws and had only two rifles turned in.

If we preserve this exceptional form of American freedom and Liberty we must return to a moral foundation, we must regain control of our elections, our borders, our education system, our health “lock downs”

Without the ability to defend against corrupt leaders, we are slaves. Another lesson lost from history, the beginnings of gun control were implemented by democrats in the South that did not want free Black men to own firearms, why ? Because they were afraid. Look at Washington DC in the past few weeks, fences with razor wire and National guard troops, why ? Because they are afraid of the American people.

Another simple comparison, when a child is afraid of being spanked for doing wrong, they typically will think twice before defying their parents will. If we are to continue as a Government of “We the People” then those elected must understand the balance of power not only in the tiers of government, but also in regard to a populace that maintains the power to remove them form places of authority. If our elected leaders are afraid of the American people, then what are they doing that they know is wrong ? That is destroying our Constitution ? That is killing freedom and Liberty ?

Expand full comment
author

Mr. Rogers, This is so beautifully written and expressed and knowledgable. I learned a lot from what you posted here and am grateful for your thoughtful contribution to this discussion. This is exactly why I wanted to move off social media and news sites and into a platform that allows for learning and debate among good people. I plan to expand my writing here to other important issues of the day (as you reference "lock downs") and hope you will continue to contribute so I can learn from you. Best, Emily

Expand full comment

Ms. Emily, because of how "woke" the world has become, I have adopted the "pen name" of Steve Rogers, aka Captain America, to protect my career and family, you may know me from our past meeting at an NRA convention, if your old email or phone number are still current, check for a private message

Expand full comment

The 2A does not specify how one must keep and bear arms. What it does specify is that government can't infringe upon the right to keep and bear arms. Obviously the 9th is in violation of the Constitution.

Expand full comment
author

You're right that was the Founders' intent. However the text is interpreted to apply to individuals specifically have the God given right to own and carry guns -- the self defense is from other citizens and the government.

Expand full comment

Emily thanks for the reply. I didn't mention self-defense but yes it is an unalienable right which belongs to the individual and which bans government from infringing upon and it's there to protect us from government over reach and from those who would do us harm. The founders knew that if government could control and interpret things as they chose to that it would lead to tyranny. It's like putting the fox in charge of the hen-house. Unfortunately we've allowed those who are supposed to serve us to instead control us.

Expand full comment

Don’t know why judges can’t understand keep AND BEAR. It’s not ambiguous. Bear means carry. As in: we come bearing gifts.

Expand full comment
author

I wondered that myself. They wrote the exact opposite of the Constitution and left no ambiguity. It's like they wrote it in order to get slammed from the SCOTUS.

Expand full comment

It's not a matter of misunderstanding; it's intentionally ignoring the BoR because there's no one to police that action (unless you count a plodding and unreliable SCOTUS).

Expand full comment

3rd to last paragraph- By not appealing, the nation’s capitol had to change its new carry laws to be “may issue” and allow any American citizen the ability to carry a gun in DC.

Shouldn’t it be “shall issue”.

Expand full comment
author

Thank you, sir! I just fixed it now. I am grateful because I have never written without an editor coming behind me to catch typos or errors, so I really appreciate the help.

Expand full comment

This is the high court's chance to redeem itself. If not now, never.

Expand full comment

I say it all the time. Be careful about going to SCOTUS. You are betting all the marbles on those black robes. I know well the supposed count, but honestly I don't trust any of them. If their ruling goes against our view of the Second we have then screwed the next hundred years of Americans. Not saying to tuck tail and never go there. Just do not be surprised if we get screwed. Best to say it's a pure crap shoot.

Expand full comment

Our rights, all of them, are not granted to us by government.

These rights are inherent.

Therefore, government has no authority to lessen, alter, abolish or infringe upon these rights in any way, shape or form.

But how many of these rights are actively being infringed upon? Lessened? Altered?

Freedom of speech?

The right to a fair trial?

Equal protection under the law?

Freedom of expression?

Freedom of religion?

The right to face your accuser?

The right to privacy?

Yes. It is not only the 2nd amendment they’ll stop at. Look at what’s been happening the past few years, since the patriot act.

We’ve already lost many rights under the guise of “public safety.”

We’ve seen the contempt held for conservative minded people. What will happen when they’ve disarmed all political opposition?

Don’t ever give up any rights.

Read the constitution.

Learn it.

Teach it to your children and grandchildren, friends and family.

Expand full comment

In todays climate of dangerous groups or indivuals ready to address any grievance(or perceived grievance) with guns or a knife(referance Colorado and Atlanta) it's imperative for all indiviuals who chose to defend themselves with either open or concealed carry be allowed to do so. Had someone in that grocery store been armed, many people may not have been lost. I look forward to Maryland passing relivant laws in the near future

Expand full comment