NSSF Denounces 9th Circuit Ruling Ignoring 2nd Amendment Language

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The NSSF denounced the recent ruling by the 9th Circuit Court. IMG iStock-1245041394

U.S.A. -(AmmoLand.com)- The National Shooting Sports Foundation, the firearm industry trade association, rejects the legal gymnastics the 7-4 en banc panel of the U.S. Court of Appeals for the Ninth Circuit employed to rule the Second Amendment does not guarantee the right to bear arms outside the home. The court’s ruling on Young v Hawaii ignores the clear and simple language of the Second Amendment and U.S. Supreme Court precedent of the landmark 2008 Heller decision and 2010 McDonald decision, which displayed the exact opposite findings.

The Ninth Circuit’s ruling underscores the need for the U.S. Supreme Court to accept firearm-related cases for review to settle the long-standing disputes. Lower courts are repeatedly failing to apply Supreme Court precedents and are, in fact, treating the Second Amendment as a second-class right, as alleged by Justice Clarence Thomas.

“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. We look forward to filing an amicus brief when this heads to the Supreme Court.”

Four sitting U.S. Supreme Court justices have previously expressed frustration with lower courts’ refusal to faithfully apply judicial precedent and frustration with the Supreme Court’s refusal to take up gun-related cases for review. Just last year, 10 cases were pending before the court and all were denied certiorari or review. Since Justice Amy Coney Barrett has been seated on the bench and was a stalwart defender of Second Amendment rights during her confirmation hearings in the U.S. Senate Judiciary Committee. Justice Barrett testified that Heller affirmed an individual right to keep and bear arms and if state laws were passed to the contrary, the U.S. Supreme Court would be bound to review challenges to those laws.


About The National Shooting Sports Foundation

NSSF is the trade association for the firearm industry. Its mission is to promote, protect and preserve hunting and shooting sports. Formed in 1961, NSSF has a membership of thousands of manufacturers, distributors, firearm retailers, shooting ranges, sportsmen’s organizations, and publishers nationwide. For more information, visit nssf.org

National Shooting Sports Foundation

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Ram
Ram
6 months ago

Theoretically, 2A is the official aquiescience of an individual citizen’s free will choice. But our government institutions have become thoroughly corrupted. Government (supposedly to serve the people), has become a bureaucratic empire, against the people. This is the why, there is such friction between our constitutional rights, and “the system”. In Hawaii, Mr. Young was denied a permit to carry concealed. Then later he was denied a permit to carry openly. So for Mr. Young there is no 2A citizen’s right. . . at all. I don’t even know if there is a permit structure to begin with. Bureaucratic arrogance… Read more »

zeprin
zeprin
6 months ago

I can hear the Libs now…” It says ‘CONGRESS’ shall make no law…”.
Not a word about the Executive or Judiciary!”

musicman44mag
musicman44mag
6 months ago

The ninth circus court of seals has always had a reputation of not following the law or interpreting laws wrong and then they are overturned when reviewed higher up the food chain.

I think this court should have been disbanded and replaced long ago. It is obvious that this court is the court of democrat strong holds and politics because it is used so often to circumvent republican actions. When it becomes so obvious that a court is not longer making determinations driven by the constitution but by politics, it should be disbanded and replaced.

MICHAEL J
MICHAEL J
6 months ago

The 9th circuit court has always been the henchmen of illegal and questionable laws pertaining to the Second Amendment. The very fact that they ignore precedence only when it suits them is their benchmark. The Supreme Court on the other hand is a disgrace using the lower courts to run interference for something clearly Constitutional. So many courts with so many inconsistencies. Why bother having lower courts only to have them overruled by a higher one when politicians or bureaucrats don’t like the outcome? No wonder this country’s legal system is so screwed up. I don’t trust any of them… Read more »

Gdubb
Gdubb
6 months ago

Aah yes, the 9th circus is at it again. What a disgrace. And people wonder why they get such a bad rap. Not following law or precedent is the definition of activism.

willyd
willyd
6 months ago

For years the S/C keeps kicking all hearing on any rulings on 2nd Amendment back down to lower courts, they just don’t want to rule on anything connected for the 2nd Amendment, my thought is they all S__T THROUGH FEATHERS ( MY THOUGHT ), and working to be ( P/C )

swmft
swmft
6 months ago

need to over turn 1968 gun control act and throw atf under bus. need a federal law where by any state , federal or city/municipal employ violating another persons rights ,looses their job forfeits any pension to harmed party and looses their rights

Charles Nichols
6 months ago

For a decade I have been criticizing the lawsuits that limited the scope of their challenge to handguns, in particular, the concealed carry of handguns or permits that would allow one to carry a handgun concealed. One of the reasons I have given is that there is a long history, both in the United States and in England, to prohibitions on not just concealed carry but to the possession and carrying of concealable weapons. As I pointed out in the oral argument to my appeal, Charles Nichols v. Gavin Newsom, et al., some states treated handguns that are easily and ordinarily… Read more »