On Wednesday, a US Appeals Court ruled that restrictions on open carrying of a firearm do not violate the Second Amendment. In so doing, they upheld a Hawaii law that forbids residents from open carrying their firearms without a license. Only in Hawaii, private citizens can’t get a license. This same court attempted to rule in 2016 that concealed carry is not a right and also doesn’t fall under the 2nd amendment.
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US Army Veteran George Young is the man behind the lawsuit, which we previously reported. He strongly believes that the Constitution tells states what to do, not the other way around. In Hawaii, the only people who can get a permit are generally security guards. In 2017, the state issued no permits at all. Hence, the lawsuit. But the Ninth Circuit Court of Appeals (the most liberal one in the country) ruled 7-4 that states have the right to restrict open carry.
The government may regulate, and even prohibit, in public places—including government buildings, churches, schools, and markets—the open carrying of small arms capable of being concealed, whether they are carried concealed or openly.
…Our review of more than 700 years of English and American legal history reveals a strong theme: government has the power to regulate arms in the public square. There is no right to carry arms openly in public; nor is any such right within the scope of the Second Amendment…
It remains as true today as it was centuries ago, that the mere presence of such weapons presents a terror to the public and that widespread carrying of handguns would strongly suggest that state and local governments have lost control of our public areas…Judge Jay Bybee, majority opinion (The Epoch Times)
The dissenting opinions called the ruling “extreme, ” and a violation of the Second Amendment.
At its core, the Second Amendment protects the ordinary, law-abiding citizen’s right to carry a handgun openly for purposes of self-defense outside the home. Despite an exhaustive historical account, the majority has unearthed nothing to disturb this conclusion.Judge Diarmuid F. O’Scannlain, dissenting opinion
(Hawaii’s county law) restricts gun ownership only to security guards and violates the Second Amendment.Judge Ryan D. Nelson, dissenting opinion
Although Mr Young would like to send this to the Supreme Court, it is unclear if he will be able to do so. Such challenges are expensive, and there is no guarantee of it being heard on the SCOTUS. The NRA, though not a part of this lawsuit, is considering what can be done to rectify it.
Idaho is also in the purview of the Ninth Circuit Court. It is unclear why they didn’t mention that. We have had open carry laws here for some time – no permit required. Hawaii has long been anti-gun, since it’s primarily run by Democrats.
Featured photo: screenshot file of Texas open carry
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