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NOTE! This is a real-time comments system. As such, it's also a free speech zone within guidelines set forth on the Post Comments page. Opinions expressed here may or may not reflect those of KeepAndBearArms staff, members, or any other living person besides the one who posted them. Please keep that in mind. We ask that all who post comments assure that they adhere to our Inclusion Policy, but there's a bad apple in every bunch, and we have no control over bigots and other small-minded people.  Thank you.

The Below Comments Relate to this Newslink:

To Build a Case for Guns in Public, a Judge Cited Racist Antebellum Legal Precedents
Submitted by: Mark A. Taff

There are 2 comments on this story
Post Comments | Read Comments

The decision was authored by Judge Diarmuid O’Scannlain, a Reagan appointee, who argues that courts cannot consider the implications of gun laws on public safety, but instead must limit themselves to evaluating a given firearm restriction against the text of the Constitution, legal tradition, and other historical evidence. Then O’Scannlain turns to such precedent — some of which is dubious at best.

Namely, the judge cites a set of gun cases from the antebellum South, when the meaning of armed self defense in public was inseparable from a culture of dueling and fear of slave revolts.

Comment by: PHORTO (7/27/2018)
Memo to The Trace:

Stick a fork in yourself, you're done.

It's only a matter of time. Right now this ruling only affects the Western states and Hawaii - if the en banc 9th Circuit Court reverses, it will go to the SCOTUS where it will be upheld, thence to apply to the whole country.

Your meat's cooked. Would you like some potatoes to go with it?

Comment by: mickey (7/27/2018)
These newslinks should come with a warning. Instead of opening with a state's abbreviation, they should start with "MediaMatters:" or "TheTrace:"

Anyway, if an 1800s decision which said that freed slaves had a right to carry openly but no right to carry concealed is too "racist" for The Trace, I assume The Trace believes that all citizens have the right to carry concealed and openly?

The saddest epitaph which can be carved in memory of a vanished liberty is that it was lost because its possessors failed to stretch forth a saving hand while yet there was time. — JUSTICE GEORGE SUTHERLAND (1938)

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