Ninth Circuit Wary of Blocking California Open-Carry ban
BY Herschel Smith
1 year, 3 months ago
The plaintiffs’ attorney Amy Bellantoni made little headway in trying to persuade the panel to issue a permanent injunction because, as she argued, the issues are very straightforward given the Supreme Court ruling in Bruen.
“Bruen has put this issue to rest,” Bellantoni said. “Bruen was a public carry case.”
That argument was a little too hasty for the judges, however, because Bruen requires that gun laws be evaluated by looking at the “historical tradition of firearm regulation” and that hasn’t happened yet in this case, VanDyk said.
“What Bruen said is that you look at the historical evidence,” VanDyk said. “Why shouldn’t the state have an opportunity to provide that historical evidence? I think you’d agree that the court doesn’t just have to take your word for it that it doesn’t exist.”
Here’s a quick note to U.S. Circuit Judge Lawrence VanDyk. You only said that because you’re an illiterate moron with the attention span of a chimpanzee. That’s not the Bruen standard at all. You just made that up because you’ve never read the document or you didn’t understand it when you did.
The Bruen standard is when the second amendment is implicated in an activity, that activity is presumptively lawful. The burden is then on the state to prove that analogous laws existed controlling that activity at the time of our founding. The burden isn’t on the plaintiff’s attorney to prove that such a law didn’t exist. You should be telling the state to go find the law or else you’ll block the ban, not telling the Plaintiff’s attorney to do the state’s job.
Dummy.
U.S. Circuit Judge Lawrence VanDyk is a Trump appointee. Good job, Donald. Some random guy in the phone directory could have done a better job.
Here’s Professor Mark Smith fleshing this out all over again for you, albeit speaking to the current case before the supreme court called Rahimi.
That also reminds me of something I’ve believed a very long time. There is no such thing as justice in America unless by accident. Judges are too stupid to know the law, and juries only get things right by accident. One can claim a right to due process, but unless that’s really “due process” under a viable and authentic justice system, there is no justice. Going before the system in America is like taking a roll of the dice.
On August 21, 2023 at 5:29 am, Mark Matis said:
Donald got his judge recommendations from the Heritage Foundation and another allegedly conservative organization. President Trump knew he is not a lawyer, and tried to rely on allegedly competent people to recommend.
On August 21, 2023 at 8:23 am, Herschel Smith said:
If he had spent his time pulling a few decisions these judges made and studying them rather than tweeting (more than 11,000 times), he might have done better.