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9th circuit upholds law saying guns must be locked up or on person

So reports Eugene Volokh. So, if I’m sleeping, showering or pooping, I’d have to lock my gun up or have it on me?

Also, they ruled it’s OK to ban the sale of hollow points even though those are not necessarily banned from ownership.

15 Responses to “9th circuit upholds law saying guns must be locked up or on person”

  1. Paul B Says:

    Well, I use Hornaday Critical Defense rounds. They have that handy red plastic filler. If they work like the hunting rounds I use they are devastating. Much more effective that any hollow point I have used.

  2. rickn8or Says:

    So.

    What gun/holster combo for wear while showering for those of us that live alone??

  3. JKB Says:

    Wait, that effectively bans the FN five-seven as the only ammunition permitted for non-government affiliated users is hollow point. Or are they not “hollow point” since they have the plastic in the cavity?

  4. Weer'd Beard Says:

    Paul, I think Critical defense is still considered JHP, not that we should be even debating this.

    JKB, they make some sort of FMJ 5.7×28, its just the stuff with the perpetrator that bad news.

    Also doesn’t this fly 100% in the face of McDonald?

  5. Paul Kisling Says:

    And that kiddies is why stainless firearms rock!

    The ammo part flies in the face of McDonald. The carrying at all times is a somewhat illogical, but technically correct interpretation.

  6. Russ Says:

    if your front door is locked, then the gun IS locked up in a “container”…

  7. mikee Says:

    “Bullets that expand or fragment upon
    impact are generally referred to as “hollow-point”
    ammunition.”

    Pardon me while I drive my 18-wheeler through the loopholes created by this now-definitive definition from the decision, then back up to collect the prosecutorial discretion for citizen abuse that it creates.

    When the law don’t know what in hell it is talking about, it should not talk about it, lest it look pretty damn stupid.

  8. Linoge Says:

    And, after the whole “showing cause is an unjust burden on a right” delight, the Ninth Court goes and reminds us all why they are generally hated and despised…

  9. divemedic Says:

    This is in direct opposition to the holding in Heller:

    “the requirement that any lawful firearm in the home be disassembled or bound by a trigger lock makes it impossible for citizens to use arms for the core lawful purpose of self-defense and is hence unconstitutional.”

  10. Jake Says:

    @ divemedic: They’re driving mikee’s 18-wheeler through one of the massive loopholes in Heller by saying you don’t have to lock up all your guns, just the ones you’re not actually carrying at the moment – ergo, it is now possible to use one for self-defense, you just have to be carrying it at the time.

    The law at issue in Heller didn’t even allow for carrying or “quick-access safes” in the home – IIRC, it was trigger locks or disassembled, and those were the only two choices – so this bit of gymnastics by the 9th was never addressed.

  11. Matthew Carberry Says:

    Hollowpoints are *not* banned or restricted for possession or carry, just *purchase inside city limits*. Still not right, and bad precedent and reasoning; but always be precise when criticizing gun control or risk losing credibility with the undecided and giving an anti a way to change the actual subject when your error is pointed out.

    Jake,

    Scalia actually addressed and criticized as an option the “quick access gun safe” at oral argument in Heller; he is more likely to take divemedics view if it reaches him than say “oops, ya got me.”

  12. JimB Says:

    Has anyone tried to buy Hornady Critical Defense or Critical Duty or the Guard Dog rounds which are sold as expanding solids in California?

  13. Jake Says:

    Scalia actually addressed and criticized as an option the “quick access gun safe” at oral argument in Heller; he is more likely to take divemedics view if it reaches him than say “oops, ya got me.”

    I was not aware of that – I didn’t get a chance at the time to really listen to the oral arguments.

    Unfortunately, the end result is the same – discussion during oral arguments is not binding on the lower courts unless it gets quoted in the actual decision.

  14. Matthew Carberry Says:

    Jake,

    Looks like I mis-remembered, the discussion by Scalia and Roberts, with both Clement and Dellinger, was about how long accessing the loaded gun would take with a trigger lock. The thread got dropped both times as they concentrated on the actual handgun ban.

    Still, parsing words with Scalia does not appear to be the way to get on his good side and most of the rulings upholding gun control do a lot of explaining what the Justices must have *really* meant.

    I really hope to see I’m right about “bearing” if SCOTUS takes Drake or one of the Cali cases.

  15. Robert Says:

    Weer’d Beard sez ” they make some sort of FMJ 5.7×28, its just the stuff with the perpetrator that bad news.”

    Those dammed perpetrators. They’re always bad news.

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