U.S. 9th Circuit Court of Appeals Upholds Prohibition on Right to Bear Arms

This appeals court dismisses the right to bear arms openly or concealed. (Photo: 9th Circuit)

In a 215-page ruling by the U.S. Court of Appeals for the 9th Circuit, the court decided that the Second Amendment does not secure the right to bear arms either openly or concealed. This overturned an earlier ruling that held that a ban on the right to bear arms was unconstitutional.

In the case of Young v. Hawaii, the appeals court said that the plaintiff did not fully appeal Hawaii’s handgun carry license law, but also that Hawaii has a “longstanding prohibition” against bearing firearms in public, so therefore open-carry and concealed-carry fall “outside the historical scope of the Second Amendment.”

“After careful review of the history of early English and American regulation of carrying arms openly in the public square, the en banc court concluded that Hawai‘i’s restrictions on the open carrying of firearms reflect longstanding prohibitions, and therefore, the conduct they regulate is outside the historical scope of the Second Amendment,” the court said (.pdf).

“The en banc court held that the Second Amendment does not guarantee an unfettered, general right to openly carry arms in public for individual self-defense,” reads the ruling. “Accordingly, Hawai‘i’s firearms-carry scheme is lawful.”

Several judges dissented, saying “the majority’s decision undermines not only the Constitution’s text but also half a millennium of Anglo-American legal history, the Supreme Court’s decisions in District of Columbia v. Heller, … and McDonald v. City of Chicago … and the foundational principles of American popular sovereignty itself.”

In the dissents, judges also held that the court erred in dismissing Young’s “as-applied challenge” to the carry law scheme, calling it “brazenly unconstitutional.”

Young filed his case in response to being denied any form of carry permit, as he did not prove any immediate or urgent need to carry a firearm outside of the home.

See Also: Hawaii Expands Gun Registration, Bans ‘Ghost Guns’

Gun rights groups are responding quickly to this decision.

“We are very disappointed in the outcome of this case. As the dissent pointed out, the Ninth Circuit has effectively eliminated the word ‘bear’ from the Constitution,” said the Firearms Policy Center’s Joseph Greenlee. “Now that tens of millions of Americans have been told, for the first time ever, that they have no right to carry a firearm, it is more important than ever for the Supreme Court to address the issue and define the right to ‘bear arms.'”

The National Rifle Association also weighed in, saying “The US Court of Appeals for the 9th Circuit just ruled that there is no right to carry – either openly or concealed in public.”

“This was not an NRA case but we are exploring all options to rectify this.”

“The blatant defiance of the Supreme Court to undermine Heller and hollow out rights afforded to individuals by their Creator and clearly protected by the Constitution is unconscionable,” said Lawrence G. Keane, NSSF Senior Vice President and General Counsel.

“It is with amazing boldness that the Ninth Circuit brazenly sets aside not just the previous findings of the Supreme Court, which legally they are bound to apply, but actively chooses to ignore plain English and refuses to acknowledge the right to bear arms,” Keane continued. “We look forward to filing an amicus brief when this heads to the Supreme Court.”

Meanwhile, Everytown for Gun Safety cheered the court’s ruling.

“Today’s ruling, joined by respected appellate judges across the ideological spectrum, is the latest reminder that arguments against reasonable, life-saving gun laws rarely hold up in the courtroom,” said Eric Tirschwell, managing director for Everytown Law.

“As the court recognized, states and localities have extremely broad power to restrict the carrying of firearms in public spaces,” added Tirschwell.

While the ruling specifically cites prohibitions on the right to bear arms in Hawaii, this 9th Circuit ruling also affects Alaska, California, Arizona, Oregon, Washington and Montana.

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About the author: Max Slowik is a writer with over a dozen years of experience and is a lifelong shooter. He has unwavering support for the Second Amendment and the human right to self-defense. Like Thomas Paine, he’s a journalist by profession and a propagandist by inclination.

{ 120 comments… add one }
  • Don March 29, 2021, 11:16 pm

    If I was ever thinking that these people were “respected appellate judges”, that idea was trashed after that 215pg. waste of paper opinion.

  • kjj5874 March 29, 2021, 2:37 pm

    Hawaii has a “longstanding prohibition” against bearing firearms in public, so therefore open-carry and concealed-carry fall “outside the historical scope of the Second Amendment.”

    So the state now determines what is constitutional not the courts telling the states.? Do we now live in bazaaro world where up is down left is right?

  • john Blythe March 29, 2021, 1:21 pm

    what we need is for our citizen army to go to our southern border well armed and stand fast against the invading hoards of people breaking our laws and like the sign says trespassers will be shot on sight end of argument. Oh do not for get to look behind you while you do your job. You know states rights and all of that!!!!

  • Jim March 29, 2021, 12:58 pm

    I honestly do NOT understand HOW & WHY they can uphold this ban on firearms and that the 2nd Amendment does not apply to Hawaii! Yes Hawaii was not a State at the time the Amendment was written but neither were 36 other States. The only ones were the original 13 States. So are they saying that only the 13 States fall under the 2nd Amendment? That’s just crazy as every State that was admitted agreed to the Constitution and Bill of Rights! The 9th Circuit is very liberal but should not be allowed to rule on those grounds.

    • BR549 March 29, 2021, 6:55 pm

      Before any of the states, from 14 onward, became states, they had to adopt the US Constitution. They agreed to it at the time, since they wanted the protections full statehood offered, but once the leftards invaded the island (and we all know they burned any US history books to makes fires for their luaus), like typical lefties, they only remember the parts that feel good to them at the moment.

      Also, if any country decided to invade that island, those Hawai’ian idiots would be sitting ducks because the emasculated civilians would be absolutely WORTHLESS in helping any military defend their own land.

  • James K. Johnson March 29, 2021, 11:58 am

    The U.S. 9th Circuit Court has too many unqualified justices. This courts rulings have a reversal rate of over 80% in past years. This court found that the Pledge of Allegiance was unconstitutional in our public schools!
    Now they seek to overturn the U.S. Supreme Courts ruling on the 2nd Amendment in 2008! It is way past time to remove some of these judicial weasels. Of course, that would require getting enough weasels in the Congress to vote for there removal. Indoctrination matters (Deut. 6)!

  • K March 29, 2021, 10:41 am

    The Law from the United States Supreme Court in 2008 that cannot be overturned by a lower court:

    ***At the time of the founding, as now, to “bear” meant to “carry.”*** See Johnson 161; Webster; T. Sheridan, A Complete Dictionary of the English Language (1796); 2 Oxford English Dictionary 20 (2d ed. 1989) (hereinafter Oxford). ***When used with “arms,” however, the term has a meaning that refers to carrying for a particular purpose—confrontation.*** In Muscarello v. United States, 524 U. S. 125 (1998) , in the course of analyzing the meaning of “carries a firearm” in a federal criminal statute, Justice Ginsburg wrote that “[s]urely a most familiar meaning is, as the Constitution’s Second Amendment … indicate[s]: ***‘wear, bear, or carry … upon the person or in the clothing or in a pocket, for the purpose … of being armed and ready for offensive or defensive action in a case of conflict with another person.’ ”*** Id., at 143 (dissenting opinion) (quoting Black’s Law Dictionary 214 (6th ed. 1998)). We think that Justice Ginsburg accurately captured the natural meaning of “bear arms.” Although the phrase implies that the carrying of the weapon is for the purpose of “offensive or defensive action,” it in no way connotes participation in a structured military organization.

    https://www.law.cornell.edu/supct/html/07-290.ZO.html

  • Alex Fitch March 29, 2021, 9:19 am

    You socialist Democrat traitors have made your law; now come to Texas and enforce it.

  • Robert Boitt March 29, 2021, 7:40 am

    Amazing that “Judges” who clearly SWORE to protect the Constitution and Bill of Rights when they accepted their positions, suddenly decide to subvert it. They should IMMEDIATELY be removed!

    • Jon Dough March 29, 2021, 10:07 am

      You’re ‘almost right’ Robert ;
      However anyone forsaking the OATH they swore to on a BIBLE, committed -treason- and after a due and fair trial should be “hung by the Neck until Dead’ as originally proscribed* by,.. the U.S. Constitution.

      * Until it was ‘conveniently’ stuffed under the rug’ by treasonous “leaders” in Congress who deserve that restitution in the 1st place -bringing us all to the place of dishonor and strife we are burdened with today.

  • Uncle Sam March 29, 2021, 7:11 am

    I love visiting this hospital. I get to read about the constipated anguish of the semi-literate psychopathic sociopaths as they bemoan the incipient loss of their reassuring and sorely needed phallic extensions. It’s like a stroll down the psychiatric ward in the morning on Grand Rounds. The FBI’s “Crime in the United States,” reported that State and local law enforcement agencies made 262,300 arrests for weapons offenses. That number rises every day, but does not include the number of guns pried from cold, dead hands. BATFE has 5,101 agents who revel in putting spit masks on gun loonies. The FBI has 35,000 agents coming to surround your cabin, but the Mother-load is Homeland Security – 240,000 employees ready to piss in your ear while you sleep. Suck on that, you paranoid simpletons.

    • gary h March 29, 2021, 8:23 am

      You’d better put away the thesaurus until you can comprehend the meaning of those big words, your diatribe is markedly idiotic in it’s composition. Possibly a grammar course or three would help as well. “Mother-load” would not be capitalized and load is incorrect, ‘mother lode’ – there, fixed it for you, simpleton.

      • AK March 29, 2021, 10:00 am

        Mother-load is either what he has for breakfast, or what he fantasizes getting from Anderson Cooper.

      • Jon Dough March 29, 2021, 10:10 am

        Touch’e, sir

    • Son Zetta March 29, 2021, 12:24 pm

      Another ineffectual Leftist gnat buzzing around making noise, begging to be squashed… with no real power to do anything about it, hoping the rest of society will be forced to share his plight as a willful victim and eunuch of the State. All I see is fresh red meat on a platter, wishing there were more stooges to fill the gap between him and the cold will of the actual psychopaths infecting the world. When the mortal threats you perceive in life extend beyond actual sociopaths to include “everyone wiling to effectively defend themselves”, you know you’ve devolved into the realm beyond common sense and into a bona fide delusional cuck, with nothing but toothless emotional rants to keep the wolves at bay. FYI, wolves don’t care if you rant and scream while they’re eating you alive. If you’re truly that scared of “crazy people” and “illegal weapon offenders” then you might consider upping your game beyond just the basic friction creating by the flapping of your supple little ladyboy lips.

    • robert hunt March 29, 2021, 12:57 pm

      Leaving aside his claim that we are all “psychopathic sociopaths”- psychopathy and sociopathy are two distinctly different psychological diagnoses- the writer seems to be the one with some mental health issues if he or she believes 5101 BATFE agents, 35,000 FBI agents and 240,000 Homeland Security employees are all eagerly awaiting their chance to visit all kinds of nasty things on anyone owning a firearm.

    • David K March 29, 2021, 2:53 pm

      Another rant from a Marxist lemming. Go back to your community college and finish getting the Associate’s degree in Anthropology…makes you sound smarter when you ask “do you want fries with your happy meal?”

    • Shanz March 31, 2021, 11:06 am

      Why so much hate dude! You libs are full of it?

  • T. PAINE March 28, 2021, 5:28 am

    To those of you relying on SCOTUS to remedy the issue, consider this: Chief Justice Roberts abandoned the Constitution for obama care. During the deliberations he thought it was wrong to overide the will of the people as expressed by their democratically elected representatives. He then performed the mental gymnastics necessary to make the mandate a tax, and therefore Constitutional. This should have resulted in his impeachment and removal. His job was to determine the Constituionality of the law as it was written, not to justify it because it was passed by a democratically elected legislature.

    Think about that and what it may portend for this situation. It appears the Constitution doesn’t apply if the law was created “democratically”.

    What did Shakespeare say about lawyers…?

    • Alex Fitch March 29, 2021, 9:23 am

      From the Supreme Court to the White House to the majority of creatures in Congress… America now indisputably has a criminal government.

      Hurry, TEXIT.

  • Navy Flyer March 27, 2021, 10:38 pm

    Please print the names of each justice on the 9th Circuit and the way they voted, yay or nay! Also, a link to read / download the entire published decision. REMEMBER ROSE BYRD!

  • Robert M. Copley March 27, 2021, 5:54 pm

    The ninth circuit court of Hawaii doesn’t know the next larges orifice in its body from a hole in the ground.

    Obviously, “shall not be infringed” is not in the ninth circuit communist court of Hawaii’s vocabulary.
    This alone makes the 9th Communist Circuit Court of Hawaii illegal.

    Here is a word that is illegal as per the Constitution and used to be under the original 13th Amendment before it was stuck in the closet before the present 13th was put into motion, “Esquire” which follows an attorney’s name and or status in law.

    “Accordingly, Hawai‘i’s firearms-carry scheme is lawful.” According to the Communist faction of the government, anything alien to the Constitution, Bill of Rights, or the Declaration of Independence is legal as long as such is following the Communist dictates which Hawaii has a lot of.

    • kjj5874 March 29, 2021, 2:47 pm

      Is the 9th circuit court even a court? The judges swear to uphold the constitution and do every thing in there power to circumvent and water down the constitution on every ruling. This is what Trump was trying to fix and the democrats could see the writing on the wall. The 9th circuit court is nothing but a collective of America hating socialist judges trying to destroy our constitution within.

  • Bart March 27, 2021, 4:53 pm

    In 1941 we should have let the Japanese have Hawaii and we would not be dealing with the screw heads running the place now.. They would be pleading for the 2nd and an AR15.

  • Scott March 27, 2021, 2:33 pm

    The founding fathers writing the constitution created laws and the greatest type of government the civilized world has ever seen in human history .

    The founding fathers eliminated royal families to rule the United States that means no kings no queens to bow down too.!!!!!

    No military dictatorships no emperors to bow down to.!!!!!

    And most important free enterprise no monopoly’s !!!!!!

    In another words no god dam corrupt 1% ruling class!!!!👻👻

    The American Revolution 1776 was against King George and his “swamp “ of corrupt goons.

    People escaping Europe from the corrupt choking 1% swamp class came to America for a better life !!!!

    That’s it and after braking ther backs for 150 years to get the North American continent somewhat settled for ther children the corrupt 1% started to move in hard. The first European settlers saw how the American Indians resisted strict government control and the Indian culture mixed with the early settlers escape mentality of Europe’s 1% ruling class!!!!!

    Now this is important for you to understand the Paul Reveres , the George Washington’s the Thomas Jefferson’s the Samuel Adam’s
    saw a permanent way out of world histories corrupt 1% form of government. First you have to lay your life on the line “you have to spill blood” you lose you lose your life your family your property or you may lose just your chance having a chance of pure freedom.

    The founding fathers were great men who understood total freedom from a 1% ruling class and went to war.

    After the war these very intelligent men who survived created a government that world has never seen before !!! Now everybody was a king !!!! You could own property you could bring you invention to market to an open and free market !!$ You didn’t have to pay a king !!!
    The constitution laid down laws that would drive a king insane!!!!

    A Ceaser insane !!!
    A communist Stalin insane!!!!

    You have the 1st amendment the freedom of the press

    Why do the founding fathers put this as amendment # 1 ???????

    It’s to expose government corruption!!!!!!!!!

    Why do the founding fathers have the 2nd amendment

    The right to bare arms!!!!!!’

    Shall not be infringed!!!!

    Why are these 2 amendments next to each other ????? Why !!!

    The second amendment main meaning folks is not the right to have a gun and go hunting!!!! But you can

    It’s not the right to defend your life family and property from criminals but you can

    The second amendment is the right to blow a corrupt government officials head off with a gun!! Or have a militia with many USA citizens with guns to take on multiple corrupt government officials that undermine the constitution and free enterprise

    The second amendment
    is the right to have Revolution withIn our great United States 🇺🇸

    It’s the right to fight tyranny!!!!!

    It’s the right to remove a corrupt illegal 1% ruling class that can circumvent the constitution by controlling the freedom of the press

    When you have the 1% control the media the press the newspapers the 1% can hide the corruption

    Judges bueracrats police can be paid off by 1% ruling class to look the other way to not uphold the constitution to aid in the corruption

    The right to remove corrupt ruling 1% and what ever corrupt illegal corporate enterprise or corrupt bank controls what corrupt politicians who are paid off to circumvent the people of the United States and ther beloved constitution freedom gareenteed by the constitution!!!!!!!!

    The founding fathers knew the only way you can destroy this greatest
    government in the history of the human race is from within
    .

    First get control of the press next to the right to bear arms

    Bear arms

    The founding fathers that survived the American Revolution saw there compatriots die on the battlefield die for freedom fighting for the rights to be free of a king and his swamp!!!

    America 🇺🇸became the leader of the industrial world by 1880!!!!

    Over taking Britain 🇬🇧 !!!!!!!
    run in the ground by a corrupt 1%

    What changed America to run our great country in the ground today ????

    the Monopoly’s controlled by a corrupt federal reserve bank system brought in from Europe in 1912

    The gas engine was invented in what 1886 ????

    Americans have been sucking an oil pipe from Rockefeller and all his goons for 140 years!!!!!!!

    By corrupt illegal monopolies and there bank system

    American the United States with free enterprise had creation and destruction in the free market that what allowed the United States to become the greatest power in the world by 1880

    Now what????
    Is America and what’s left of its great land going to be sold off by the 1%

    Is the 1% working with China 🇨🇳 in the “new world order”

    Or does the emerging China 🇨🇳 see the the 1% USA “swamp” as an advisary of course it does

    Who stole American manufacting!!!!

    The illegal corporate takeovers
    Why are sears craftsman tools made in China now????

    How does some individual or group of individuals get the money to buy TWA airlines to buy craftsman tools to buy black and decker to by Stanley

    To buy Remington arms etc

    People the 1% the “Swamp “ the corruption just printed up the money???????
    Goodman’s Sachs calls up the Federal Reserve Bank and tells them to print up 50 billion dollars so some wallstreeter from New York can go buy out another corporation- and economicallt wreck a whole city or a region of a state or regions of industry crossing many states and wipe out the middle class and then bring in illegal immigration to push a hard hit middle class in the ground!!!!

    The founding fathers saw this and wrote the second amendment

    The second amendment gives you permission to remove a corrupt deep state crooked government

    How do you get rid of a multiple crooks
    It’s like finding a hundreds of ticks and fleas on a stray dog

    You have to give the dog a bath with poison to kill the many parasites

    The founding fathers saw that only from within can America USA be destroyed by parasites . So you need a militia to take on the parasites!!!!!
    No foreign country can defeat us but internal corruption thrives parasites can try they can hide the can bait and switch the can play the shell game to a certain extent

    Only time and further decline can tell

    The second amendment is all that’s left for the swamp to take.

  • Dennis Karoleski March 27, 2021, 1:27 am

    “An unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is in legal contemplation as inoperative as though it had never been passed.” (Norton v. Shelby County, 118 U.S. 425 1886)

    • T-Ozzy March 28, 2021, 2:39 pm

      ANY..”illegal ruling” that is AGAINST our Constitutional RIGHTS….IS INVALID. 🙂

  • David Welsh March 26, 2021, 9:51 pm

    “Longstanding prohibitions” are not the Constitution. Try again, politicians.

  • rickzilla March 26, 2021, 9:29 pm

    So called judge Bybee is a POS. He has NO business in the judicial system if he doesn’t understand plain English. The 2nd Amendment states: right of the people to keep and bear Arms, shall not be infringed. It’s not rocket science. Judge, if I place a pistol in a holster and wear it, what would you call it? It means I’m bearing an arm (pistol). You can take your opinion and shove it where the sun doesn’t shine. Judge, you should resign and let someone in that can comprehend English. The Supreme court should immediately overrule the misguided 9th circuit court ASAP. Lives may depend on it as this court has overstepped their authority again by ruling from the bench and against the constitution. Their ruling is so flagrant that they should be admonished for their ineptness.

  • chinchbug March 26, 2021, 9:03 pm

    They need to pass a law that require muggers, rapists and murderers to submit written notice to their victims 72 hours in advance of the perpetration of their formerly-classified criminal activities.

  • Robert March 26, 2021, 5:53 pm

    Saddle up, people. Protect your homes and your loved ones. Don’t fight the government. It is run by the left and their filthy henchmen in the Dem. party and the shameless liars in the media. Same thing, all Democrat. You cannot win that fight. We have to take back the house, the senate and the WH.

  • Ted March 26, 2021, 5:30 pm

    Except that Scotus has stated in Caetano v Massachusetts the following :

    It simply reflects the reality that the founding-era militia consisted of citizens “who would bring the sorts of lawful weapons that they possessed at home to militia duty,” Heller, 554 U. S., at 627, and that the Second Amendment accordingly guarantees the right to carry weapons “typically possessed by law-abiding citizens for lawful purposes,” id., at 625.

    What part of that 2016 ruling did the 9th circuit not understand ??

  • Erik March 26, 2021, 5:26 pm

    Hawaii, as a kingdom, had a “longstanding prohibition” against the public denunciation of government policy, so therefore, free speech, print or electronic publication of dissenting arguments fall “outside the historical scope of “free speech” as identified in the First Amendment.

    The Bill of Rights are optional.

  • Mr. Answer March 26, 2021, 5:07 pm

    So, all you keyboard warriors, what are you really willing to do? Just bitch, moan, and hope for the best? We are quickly losing our country. Mass illegal alien entrants (true number at 20+ million.) Brainwashing of our children in government schools by current generation leftest ideology teachers. The re-writing of our true history and culture. Paying “reparations” to govt. selected groups with our tax dollars buys votes. A big tech and corporate left agenda media constantly telling you every thing wrong is the white man’s fault. Who’s going to light the match cause you ain’t going to vote or legislate them out of power now. The lines are crystal clear, no doubts, no hesitation, no further dialog. ACT!!!

    • Kane March 27, 2021, 12:09 pm

      “So, all you keyboard warriors, what are you really willing to do? ”

      & then

      “Who’s going to light the match …”

      Mr. Answer, you just answered your own question and nominated yourself. When you kick of the revolution be sure and use your screen name so we can all pay close attention on the computer to how the struggle is going between you and the fed.

    • Swiss March 29, 2021, 5:59 am

      Seems to me you are the keyboard commando here.

  • Rick L Son March 26, 2021, 4:55 pm

    Cane we recall the Ninth Circuit? Where the hell is it?the Ninth Circuit court violated it’s oath !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

  • Rick L Son March 26, 2021, 4:47 pm

    It keeps the government from fucking with the 2nd Amendment what is it they don’t understand about Shall not be infringed!!!!!!!!!!!!!! We can sue them for everything they have done so far.. They think Ar is automatic Rifle when it is the initials of of the maker! i can do the same thing that shooters do with antique or collectable wood stock rifle. I say we Have Concealed Constitutional Carry nation wide!~

  • Big Al 45 March 26, 2021, 4:40 pm

    The Courts cannot be trusted, any half ass reading of the the Founding Fathers papers et al would reveal their intent, and much interpretation of laws are about intent.
    It is clear that individual ownership and carry were intended, plain and simple.
    The terminology and use of “The People” throughout the Constitution and Bill of Rights was deliberate, and specifically referred to both a ‘body of’ and the individual.
    But Lawyers being Lawyers, they often do their best to muddy the waters.
    I believe this is especially true of Left leaning and Liberal Judges.

  • Fee March 26, 2021, 4:18 pm

    If gay marriage is declared a human right covered by the Bill of Rights, the SCOTUS declared it must be enforced equally in all 50 states and US territories. Thus if gay marriage is legal in CA it must be legal in all 50 states and territories. Since the Second Amendment is part of the Bill of Rights why is it unequally defined in the states and US territories. Example a person who passes a background check in TX can own a AR-15 and high capacity mags yet in NY neither is allowed? Is the US citizen in TX different from the US citizen in NY?

    • Kane March 27, 2021, 12:19 pm

      Good point. One of the things George Orwell got wrong in 1984 is that the totalitarians society would ban sex. Instead sexual perversion is used to destroy the morality of a population. Since all successful revolutions must have some level of a moral base among the people any potential revolution should be thwarted by destroying peoples morality. Of course Orwell was correct in having no mention of an armed citizenry in a totalitarians society. The indulgent politicians removed those well before the last act.

    • Teddy March 28, 2021, 12:19 am

      Can’t you tell by looking. Just look at Cumo and compare him with any person from Texas. I mean a true Texan not some liberal Commifornia implant.

  • tom Emonds March 26, 2021, 3:43 pm

    Time for every American living in Hawaii to carry guns and explain that in the Constitution there is the 2nd Amendment, which the founders of the nation specifically made it an individual right to be armed forever to guard against criminal highwaymen, enemy tribes, even our own government going bad. Then all peaceful decenters can be arrested and the government can decide how to feed and house all the humans made into criminals due to stupidity of the court system. Sorta like what is going on with illegal border crossers when stupid government administrations decide to just let illegals do anything they want. When that happens who pays. Going against the Constitutions gives rational to break an unconstitutional law, and thusly manufacture good citizens into criminals, that cannot be enforced or paid for. Get judges who will abide by the constitution. Get Law makers that will write good laws that can be enforced. This country cannot accept any more manufactured criminals or foreign refugees. We are the greatest debtor nation on earth, and we do not have enough water to support them. Did you notice everything is burning down due to either police not being able to enforce the law, and climate change producing so many killer wildfires? We have got to get back to solving our real problems not just creating new ones.

  • Jesse P March 26, 2021, 3:09 pm

    Stock your ammo, do not give up your guns. Stand up for We the People. Because We the People will not give up our guns and will fight the authorities to never give up our firearms!!

  • Grant Stevens March 26, 2021, 2:24 pm

    Until it is repealed, the Second Amendment is the supreme law of the land. “Shall not be infringed” means just what it says. It does not require “interpretation” by anyone. Every “justice” on the Ninth Circuit court violated his oath to the Constitution of the United States and should be immediately removed from the bench and disrobed. Until we the people demand that these “government officials” honor their oaths of office, tyranny will reign. The same goes for every politician and government bureaucrat who believes their oath of office is just a formality. And every American citizen who complies with laws, court rulings, executive orders, bureaucratic regulations and foreign treaties that infringe on the unalienable right of law-abiding American citizens to keep and bear arms is not a patriot. Short of another bloody revolution, non-compliance to such tyranny is the duty of every American citizen. We allow these tyrants to violate our hard-won rights at our own peril.

    • Billy March 26, 2021, 7:22 pm

      Well said

    • Charles Goldsmith March 26, 2021, 7:23 pm

      What part of the word” bear”,that these judges don’t understand?

    • Mark March 26, 2021, 10:11 pm

      Without the Second Amendment the First and all others will fail. Ask the victims of Government Dominance what one does when the government ignores your rights in favor of their objectives? Without the Second Amendment the answer is: “Succumb and / or die.”
      This was what our Founding Fathers sought to prevent. Not “Their” first rodeo. They knew the importance of checks and balances. Don’t mess with my Constitution.
      “How would anyone trust a government that doesn’t trust its citizens?” Gun violence is “false news” designed to disarm America.
      The Media is not your friend.

  • Scott March 26, 2021, 2:20 pm

    Laughable if not so sad. Let me get this right – because you’ve been doing something for a long time that contravenes U.S. law you are no longer bound by the laws of the land or the constitution. I like this kind of law logic! I occasionally speed and have so for a long time so now I don’t have to obey and laws pertaining to traffic or my vehicles. See how easy this is? Come on everyone, join in! En Banc was the only way the 9th circuit can divine this liberal activism. It won’t stand at the next level because of the dangerous precedent it sets as a form of accepted legal argument of long-term bad behavior exempts you from the law it sets.

  • Jim March 26, 2021, 1:37 pm

    Sorry but I just do not understand how these Federal Judges could possibly come up with that ruling which completely goes against the 2nd Amendment which says that we can bare arms and that is a RIGHT that we have.

    • Ted March 26, 2021, 5:33 pm

      SCOTUS Caetano V Massachusetts 2016:

      It simply reflects the reality that the founding-era militia consisted of citizens “who would bring the sorts of lawful weapons that they possessed at home to militia duty,” Heller, 554 U. S., at 627, and that the Second Amendment accordingly guarantees the right to carry weapons “typically possessed by law-abiding citizens for lawful purposes,” id., at 625.

    • KDS March 26, 2021, 6:30 pm

      THEY ARE ALL DEMOCRAPS.

  • Steve Arnold March 26, 2021, 1:07 pm

    I officially declare to the ATF here, I no longer own guns, I no longer believe in guns they were all burned in the house fire and stolen. I will never own another gun as long as I shall live. Guns are bad, guns are evil, I don’t like guns, I never really did like guns. I now own art only. I like art, art is pretty, lots of things can be considered a work of art.

    • Kane March 26, 2021, 2:42 pm

      I will never make a statement to a fed. Remember how General Flynn was railroaded? If a fed ever questions me on any issue I will tell them that based on the illegal treatment of General Flynn, I will never carry on an extended conversation with a fed.

    • Merle March 26, 2021, 11:28 pm

      So, Steve Arnold, if I am your neighbor and your wife is being raped or killed by some ahole, do not expect me to come over to stop him or them. I am unavailable to anyone that believes that guns are evil. People are evil, but you know that. I do know that all the art in the world will not stop people from killing other people. I have many, many guns and not one of them has gotten up and shot anything or anyone. It’s your life and the lives of your family that are in danger and you choose to be part of their safety and well being. What a guy.

      • Merle March 26, 2021, 11:41 pm

        Steve Arnold, small correction. It’s your life and the lives of your family that are in danger and you choose not to be part of their safety and well being. I have to add, if I did what you are doing, my wife would be out of here. Next time you dial 911 and they don’t make in time to save one of your family, you will be first in line to purchase many guns the next day. Here is your slant on things, my car is parked in the drive and suddenly this evil machine starts and runs over the neighbor. Your view is distorted, wake up.

  • Gregory Romeu March 26, 2021, 1:03 pm

    VETERANS! “GRAB YOUR GEAR!”

    • Horsefly156 March 26, 2021, 5:15 pm

      Roger that! Short count in 3,2,1… Clear the rear…..Engine start….All Charlie elements you have enemy in TRP 1 and 2…Engage on contact out! 2nd Armored Division C Co. 1/156th C32 tank (M1A1 Persian Gulf 1991)

      People better be ready. This probably won’t end well and we will have to fight for freedom again! I don’t want a civil war or any war for that matter. Been there and done that, but I will fight for my freedom and my children’s freedom from tyrannical, ignornant, unethical, power hungry, diabolical, virtue signaling, leftist thug, politicians. I know for a fact the only thing I will feel if I have to go fight to save this country is…….RECOIL!

  • Tomlightfield March 26, 2021, 12:51 pm

    Just keeps getting better all the time doesn’t it??? Fkn libs run this country anymore guys, Trump was the only one standing in their way and they removed him by stealing the election from him!! Yes the Supreme Court needs to step up and put all these bllsht little courts in their place as to curb their anti constitutional agendas.

    • Joseph L. Moskaly March 26, 2021, 3:39 pm

      The Supreme Court are Cowards…They left Trump out too dry in the wind, and I believe they will do the same to us that believe in the words of the 2nd Amendment in the Constitution.
      “The path I took in 1964 still hold true in my heart, and I’ll live or die by it..!
      SemperFi

  • Dale Kehrer March 26, 2021, 12:35 pm

    The ninth circuit can shove it where the sun don’t shine. Complete refusal to obey this un-Constitutional law is a given. Sounds like a bench full of Socialist, Marxists and liberal Dems. Oh, I forgot, they are all one in the same.

  • Winston March 26, 2021, 12:32 pm

    The full court legal and legislative press by the bi-coastal millionaire and billionaire ruling class against traditional rights and the white middle classes continues.

    • Concerned1 March 29, 2021, 9:24 am

      I’m glad you can only think of one color. That of paper, it blankets, masks, covers, it steals, it hurts, it’s not the light it just refracts it well, often called PURE, mostly acts radical, and you ALL love it but can’t stand it. It been in front of you all, every where you go. When open your eyes, in the morning when you leave your house. It’s been going on ALL of America’s history! We didn’t greet the Indian of this land. WE SLAUGHTERED THEM. We didn’t invite Africans to go with us to America, WE ENSLAVED THEM OR KILLED THEM. So would any of you like to tell me how this country was WON again. Looks like we been stealing since the BEGINING of time, so what would ever change. Just saying you call the word “nigg#r” dark bad ugly nasty wrong negative disgraceful anything but good. So! What do we call our forefathers? Really think about your ancestory, it’s not a wonderful life or one worth teaching to kids UNLESS YOU TELL THE TRUTH. We stole this land and damn near committed killed every tribe that proceeded us because we wanted what someone else had. No warning just sneak up BOOM! Musket Fire! Same thing they did in Africa, take a few tribes but don’t go to deep, there’s a million Zulu warriors waiting on us. They put out hot coals with they feet! Try to walk on them people without needing a gun! Point being, America was founded on LIES and that will be what destroys America. Wish I was a fish! Fish don’t get rights taken they just swim a lil deeper

  • Jim March 26, 2021, 12:17 pm

    Communist thugs ! It’s time to run these pricks out of Dodge! Good luck with any enforcement 😂 What we need is a revolution, ie civil war to reclaim our country from the tyrants !!

  • Eric Holder March 26, 2021, 11:52 am

    I have decided since my domesticated cat lives inside the borders of my residence that he no longer needs teeth, claws or balls therefore I will be removing them. If he was living outside in the wild there would be a basis for him to retain them. My cat said that due to me not being home 24/7 to protect him that he has a right to self defense. I told him to call 911 if there is a problem. He told me there is no obligation by the Police or Government to protect anyone except those in custody or incarcerated. All I could do was ask him if he wanted his X95 in OD Green or FDE.

  • Al March 26, 2021, 11:31 am

    Since the courts (especially the 9th Circuit) has proven themselves to be un-Constitutional and anti-American, their voice and rulings are null and void before it even leaves their lips. Any strength behind their atrocities is gained only by fools that follow what they are told, regardless of legality or legitimacy.

    We do NOT receive permission to defend out selves from crime and tyranny from the 2nd Amendment. It is a God given right of every human being. The Second Amendment merely serves as a warning to anyone with criminal or tyrannical aspirations. NEVER forget that.

  • "GRAMPS" CARLSON March 26, 2021, 11:28 am

    ” I WILL GIVE UP MY GUN WHEN THEY PRY IT OUT OF MY COLD DEAD HAND !!”

  • Clint W. March 26, 2021, 11:27 am

    If you can take a phrase stricken from a Jefferson speech by Jefferson himself, “…separation of church and state…”, and give it life in 1946 by the ACLU, such that people think the Constitution actually says that, then you can convince folks that, “…the right to keep and bear arms…” does not mean exactly what it says. The Founders understood the English language, and punctuation more than the vast majority of Americans today. The second half of 2A, was actually the third amendment, but they combined 2 and 3, separating the two with a semicolon, punctuation that makes two statements separate, but combined in one with a common link. You will see that semicolon on the document in the Archives, but most other places it is not there, much like the phrase Neal Armstrong actually said,, “One small step for ‘A’ man…”, which is never acknowledged.

  • Jim Parker March 26, 2021, 11:17 am

    The Ninth is especially sensitive to the recent shift in political power in Washington. Losing the Senate and the White House during the last six months means that federal judges with eyes on better appointments in the future will have to align their rulings with the far Left’s recent moves on key issues.

  • Michael March 26, 2021, 11:10 am

    The federal and state “govern”ments (at least here in Texas) have abandoned their responsibility to secure our borders. The result is a continued influx of 15 – 20 year old males, non-English speaking, possibly carry Covid-19 and other contagious diseases scattering across our countryside. Potentially violent, stealing whatever they desire, while tearing up my fences, leaving all sorts of trash in their wake, and the 9th Circuit of Black Robed Wizards tell us we can’t carry firearms! Possibly they and their minions would like to tell me that “news” in person as I am feeding/herding my cattle on a desolate part of my ranch, where local law enforcement is at best 45-60 minutes away (if they are not on the other side of the county). I’m sure the 9th’s idiotic decision will certainly be challenged at the highest court of Black Robed Wizards.

    • Kane March 26, 2021, 2:48 pm

      As a illegitimate POTUS encourages foreigners to come to the US to break ours laws.

  • Dave March 26, 2021, 10:59 am

    This kind of radical left tyranny is precisely why Biden wants to pack the Supreme Court. Every non constitutional ruling eventually will end up in the Supreme Court and if packed full of Communists, it will be like like a rubber stamp. Make no mistake, the reason they are coming after our guns is because they are pushing for a NWO, which is Communism. And the American people will not freely let their country get destroyed, nor will they hand over their property, businesses, bank accounts, and freedom. That’s why they are coming after our guns.

    • BatGS March 26, 2021, 7:01 pm

      Greetings: Indeed I may mostly agree. What U, and others, fail 2 realize is We have, are and will continue 2 give up those U mention as well as our liberties, privacy and constitutional rights as long as we ket the anti 2nd Amendment laws , The Real ID Act and related local, state and federal regs conflict. Shut up, stand up, march, write, peacefully protest 2 voice our cause. It took a revolution 2 obtain what what we have fought 4. Many wars 2 maintain it. Was all that life, time and commerce in vain? “Yhis town needs an enema” Perhaps another a boycott, large scale protest or revolution? Perhaps all 3.

  • DRK March 26, 2021, 10:36 am

    The only hope that SCOTUS will hear this case upon appeal is due to the 9th Court has directly challenged SCOTUS’s authority and prior decisions – either SCOTUS reins over the USA judicial process or it does not. This will be a judicial OK-coral show down, either we have a SCOTUS or we do not.

  • Stephen March 26, 2021, 10:35 am

    What kind of non-judgement answer was this? You can either carry or you can’t. This is a clear case of a judge with no stones! His decision is in clear violation of the constitution.

  • Nikrnic66 March 26, 2021, 10:30 am

    After seeing the election stolen right before our eyes and nothing done anything can happen now. We have no represetation.

  • Norm Fishler March 26, 2021, 10:15 am

    Michael Savage has said it best, “The Ninth Jerkit Court Court of Schlameels.”

  • Commie hunter March 26, 2021, 9:54 am

    Don’t these people who constantly voice their opinions realize that the only protection the first amendment, which allows them to voice said opinions, has is the second amendment…

  • T-Road March 26, 2021, 9:53 am

    The Supreme Court needs to spank the 9th Circuit with a reminder of their oath, and those that intentionally bring personal feeling into the equation need to be removed.

  • JK March 26, 2021, 9:11 am

    Me thinks the 9th circuit court of appeals is awakining a sleeping giant

  • David G March 26, 2021, 8:56 am

    Not to worry as long as the bad guys will always have guns, so will We!
    I will always stand up for my rights to protect and to serve always stand my ground and up for what’s right, No matter what any court says.

  • William J. Dimmock March 26, 2021, 8:50 am

    I will always stick to the the second amendment, no matter what comes down the pike!

  • Tony March 26, 2021, 8:31 am

    And now the Supreme court will get to expand gun rights!

    • Larry March 26, 2021, 9:51 am

      One could hope so. But SCOTUS has to grant certiorari to (agree to HEAR) one of these 2A cases, first. It has rejected at least 10 such cases in the last year, which has been very disappointing.

  • Russell R Lewis March 26, 2021, 8:03 am

    Are they trying to start Civil War part 2, they keep driving the wedges between the Right and Left

  • Edward Nichols March 26, 2021, 8:03 am

    Not one network covered this news. Are they all in this together?

    • Clint W. March 26, 2021, 11:15 am

      Yes, they are.

  • PB- dave March 26, 2021, 7:55 am

    Life, Liberty, and the Pursuit of Happiness….. which one of those do we give up next?
    Funny how taking 2A rights away from the law abiding is ok, but the rights of incarcerated felons to vote must be upheld ?

  • exarcher March 26, 2021, 7:38 am

    typical ruling by 9th circuit. For years they have been the left wingers “go to” court. The dissenting opinions are the correct ones.. Hawaii is actually governed by our constitution. (At least since Aug 21, 1959)!

    • TomD March 26, 2021, 9:31 am

      …at least since August 12, 1898. The U.S. Constitution applied even when Hawaii was an unorganized territory, and still later as an organized territory.

  • Myron March 26, 2021, 7:15 am

    Next come hitler’s brownshirts.

    • Contrarian March 26, 2021, 7:26 am

      Brown shirts are the ones wearing face masks now and making sure you do too.

  • Leigh March 26, 2021, 6:56 am

    Even though the 2nd clearly states “keep and bear”? Really? Wow.

    • SD March 26, 2021, 9:06 am

      Oh sure, everybody has the right to vote and free health care which are not in the constitution, but the right to keep and bear arms which is in the constitution……you have no right.

  • graceythecat March 26, 2021, 6:36 am

    The 9th circuit is the communist controlled court that is pro-communism.

  • Andrew Ling March 26, 2021, 6:23 am

    This is a sad day for the 2nd supporters. There are still a lot of politically and financially motivated judges in the USA to strip US citizens of the primary means of self-preservation of the individual and the nation from evil. I am hoping that the Supreme court will strike this down in a breath. Law-abiding Americans should never surrender their Constitutional rights.

    • Guest March 26, 2021, 7:02 am

      Ya, like they did on the Trump presidential election theft by O’Biden and the deep state

      • Hardtimez March 26, 2021, 7:48 am

        There was no theft, and if you simpletons stay distracted, all 2A rights will be taken from us.

        • Rob March 26, 2021, 9:03 am

          @hardtimez, you must have your head up your rectum if you think there wasnt a theft of the 2020 election.

        • Frank March 26, 2021, 9:55 am

          “Simpletons”, huh? I guess that’s another label I get to pin on my shirt. I’m beginning to run out of room though, with “Deplorable”, “Misogynist”, “Racist”, “Homophobe”, “Xenophobe”, “Nazi”, “Right-Wing, Bible-Toting, Zealot”… Honestly, I can’t remember them all. You can take comfort however, in the fact that you learned well the playbook of Traitor Joe O’Xiden, his would be successor Kumbama Hairy, and the rest of the communists. If you can’t think of anything logical to contribute, just stick with the politics of name calling and division.

          While you’re at it, go ahead and voluntarily surrender your “assault weapons”, then your handguns, and finally all repeaters of any description. Even your old, trusty side by side isn’t safe. “Dr.” Jill needs it to indiscriminately shoot up into the air.

          • Jorge A Garcia March 26, 2021, 11:01 am

            I agree that there was no theft in the elections, just the normal everyday sheep herding tactics that this country has come to live by, you could call it theft if you wanted to, but in reality it was just taking advantage of laws and rules that we have allowed to be invoked due to being lazy and adhering to them ourselves when they suited us, add to that that our great president, and I dont say this in sarcasm, was too stupid and arogant to think about the people before his stupid twitter finger and inflated ego to realize that the weak and further ignorant were going to use this to demeanor him, what can you say about a population that votes for a person taking into consideration their personal feelings about his character, we the morons, will be the next thing rewritten into our famous documents, cause we are really not whole and intelligent people anymore. And this fabulous new leader will lead us down the path of communism, its all happened before and I personally lived through in Cuba, I now know I wasted a lifetime working hard and paying taxes and supporting a free and fertile country to just end u in the same toilet I came from, for me, I dont have the right to bitch, my parents did nothing to prevent this in their country, as for true Americans, my heart bleed for all of you. and God save this nation!

        • Barry Smith March 26, 2021, 9:57 am

          No theft? Simpleton? Only a simpleton would deny the monumental volume of evidence of voter fraud and other illegal activities in the 2020 election. Even more, the election is part of a diabolical plan that includes taking our 2A rights. Simpleton. Give me a break!!

          • Rob March 26, 2021, 3:15 pm

            @jorge garcia. ThHE 2020 ELECTION WAS STOLEN!!!! There is proof of fake voting addresses. Dead people “voted”. People were bribed. People scanned ballots multiple times. Why did they bring in ballots after the voting precincts were shutdown 10 p.m voting day in Georgia? Pull your head outta your rectum. The dems stole the election!

        • Kane March 26, 2021, 3:00 pm

          If this presidential election was NOT stolen then give the best historical example of a confirmed stolen election. You need to top top ignoring state laws, ballot dumps confirmed miscounts Joe Biden absent mindedly admitting that me had election fraud experts working on his behalf et cetera.

          So you believe that the lefties would steal our “2A rights” but NOT an election? Maybe you are the an easily distracted simpleton.

  • Jrp March 26, 2021, 6:20 am

    And let the communists come marching in. We are the government and we determine what rights you have and not some silly historical documents. Who is going to stop us? We are in power and you do as we say our people like us will bring guns to force you to comply. Not one court heard one case in a court room for election fraud. Not one. This is what a monarchy truly looks like. They make the rules for us serfs that they don’t follow. Looks like the declaration needs to be dusted off and the the militias need to be formed. After the election and what the Supreme Court did we can see where this is headed. The second amendment is the line in the sand period.

    • Jay Ho March 27, 2021, 1:48 am

      If you will win the fight, we need to organize. We need 5 million patriots to march on DC to peacefully protest. Stand Up! Organize. We just need to show up and demand that we be heard. We cannot be stopped together. Step 1 is to be heard loudly in the seat of power. Make it so

    • Frank March 27, 2021, 7:09 am

      YES, YES, YES!!! Your last sentence speaks volumes. Does anyone remember why the British marched on Lexington and Concord?

      “Those who cannot remember the past are condemned to repeat it.”

      Certain elements in our society, and the VAST majority of our government “representatives”, are long overdue for a history lesson.

  • J Franks March 26, 2021, 6:17 am

    The Ninth Circuit has always been a hive of liberal scum that happily legislate from the bench. It needs to be flushed out and given a very graphic reminder of what happened during The Terror. Preferably with audience participation.

    • Paul Bradford Casterlin March 26, 2021, 7:17 am

      ASAP

  • Charles Dobbins March 26, 2021, 6:17 am

    So, no more hunting in Alaska??

    • Dr Motown March 26, 2021, 7:25 am

      Or Montana….great job killing guide and outfitter business

  • Kirk Stickney March 26, 2021, 6:08 am

    It was the ninth circuit court. Where’s the surprise that they came back with this decision? It covers some of the most liberal territory in the USA (California)… I praise the judges on the dissent for their true and rational view of what the US Constitution actually says and what the SCOTUS says. It would be nice if some the Ninth Circuit were to receive schooling in US Constitutional law.

  • Michael Boyd March 26, 2021, 6:05 am

    Go, go NRA! That’s all you have to say? “This was not an NRA case but we are exploring all options to rectify this.” Why weren’t you part of this case in the first place? Im’ sure the lefty anti-constitutionalist communists are quaking in their boots over that one.

  • Ryan S March 26, 2021, 5:51 am

    Good luck getting anyone in Montana to actually enforce this… or to even care haha

    • Dr Motown March 26, 2021, 7:26 am

      Lots of anti gun libs in Bozeman and Missoula….anything can happen

      • Clint W. March 26, 2021, 11:19 am

        The ‘Great Migration’ eastward from California, with folks settling in Colorado and Montana en mass and in other areas slowly, usually buying up everything in their path, are pretty much corrupting those states. Those state will become completely blue with all the problems of CA, financial, homeless, illegal, and perversion wise.

  • Michael bobier March 26, 2021, 5:47 am

    Fuck the judges and the ruling.. take away their security. Better yet its time to play dirty. I bet you at least 2-3 of those judges are pedophiles. Time to expose some dirty little secrets

    • Mongoose March 26, 2021, 8:26 am

      Ditto. And feed em fish.

  • Phil March 26, 2021, 5:47 am

    “What ya. gonna do when they come for you. Bad boys, bad boys.”

  • mtman2 March 26, 2021, 3:28 am

    The Marxist Far Left is the faction here as the U.S. Cinstitutional unalienable Rights are in clear language as all Americans are to enjoy.
    Seems the idea of an armed public citizenry frightens the tyrant Left which only infers furture intentions of nefarious purposes .
    They MUST be “told” in no uncertain terms not “merely reminded” that “they” are merely OUR employees and indentured to the Constitution whether they like it or not.

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