Jurisdiction is the authority a court has to interpret and apply the law. If the judge lacks jurisdiction, he has no authority to act. If a judge does not have jurisdiction, he cannot so much as say, “Water is wet.”
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Mark Baird withdrew his challenge to the California licensing scheme in the district court, yet the three-judge panel affirmed the trial court's dismissal of a claim that was not before the district court and was not raised on appeal by the plaintiff.
The article explains why the Court of Appeals shouldn't have done that.
This is the usual Ninth Circuit Court of Appeals behavior. Don’t really answer the questions asked, bring in subjects that really have no bearing, and “Befuddle them with Bullshit” if all else fails.
It would ALMOST be funny if it wasn’t about Constitutional Rights here. Of course the Ninth doesn’t allow subjects it considered ‘sacred” (Like the gay marriage vote it tossed as “unconstitutional”. Which SCOTUS then backed up.) be stopped by any documents, like the Constitution, to interfere with “progress” as they see it.
Or if it wasn’t a bunch of judges and government lawyers,we’d call it “making it up as you go along”.
This is where the heavy lifting for our rights occurs. God Bless those who refuse to back down.
technicalities layered upon interpretations intermixed with opinions. And still - open carry is a bad plan and the wrong fight. but carry on i guess (pun intended).
Get bent, we should be able to carry however we want nationwide.
I agree open carry is generally a bad idea, tactically speaking.
But posting on social media can also be a bad idea. We should still have the right to do it, without asking big brother.
This is absolutely the right fight. All gun laws are the right fight. They're all unconstitutional and, no matter how small, will only be used to restrict bigger rights later. They need to be dealt with accordingly.
Bad plan yes, but wrong fight, no. To quote another Redditer , u/Lampwick, who enlightened me in this sub:
“Open carry being legal prevents law enforcement from hooking you up because the wind blew your shirt open and someone glimpsed your CCW. Open carry prevents adversarial cops from tricking someone on private property into entering an area they aren't aware is a public space, like their own driveway, and then arresting them. It's not about swaggering down main street wearing a Colt SAA in a holster, it's about taking away a tool of harassment from the government.”