Conservatives generally oppose judicial activism on such issues as the constitutional right to kill babies, and we need to call out our own when they wander off too far into such activism as it rarely ends well for conservatism generally.
Case in point: BREITBART — In describing the Ninth Circuit’s recent en banc decision in Peruta, Breitbart portrays the decision as one holding there is no constitutional right to carry a gun outside the home, when in reality the decision merely held there is no constitutional right to carry concealed. Indeed, the Breitbart article completely omits any mention of open carry, which the decision admits may in fact be constitutionally protected.
Whether such freedom-crushing acts come from D.C. itself or from the judiciary that now serves as D.C.’s extension makes no difference; freedom is still being crushed and “essential rights” trampled. The 9th Circuit’s ruling against carrying a gun outside the home is a perfect example of what Jefferson and Madison fought against–the alienation of “unalienable” rights.
The decision is correct. Concealed carry is NOT constitutionally protected, although it is good policy and state legislatures and Congress should continue to expand concealed carry rights.
Open Carry is the constitutional gem to be protected and is obviously most in need of that protection when even the Right ignores it or, worse, lies about it.
Open Carry is Ultrasound for the Second Amendment.
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David R. Duringer, JD, LL.M, is a concealed firearm instructor and tax lawyer specializing in business and estate planning; licensed to practice law in the states of California and Washington. He is managing shareholder at Protective Law Corporation, serving Southern California from its Laguna Hills (Orange County) headquarters and satellite offices in San Diego County (Coronado and Carlsbad).
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