U.S. appeals court says 2nd Amendment allows the open carrying of guns

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http://www.latimes.com/nation/la-na-...724-story.html

By ASSOCIATED PRESS
JUL 24, 2018 | 1:30 PM


A federal appeals court ruled Tuesday that the 2nd Amendment protects the right to openly carry a gun in public for self-defense.
The 9th U.S. Circuit Court of Appeals ruled 2-1 that Hawaiian officials had violated George Young's rights when he was denied a permit to openly carry a loaded gun in public to protect himself.

The three-judge panel’s decision reversed a lower court ruling that sided with officials who said the amendment only applied to guns kept in homes.
"We do not take lightly the problem of gun violence, which the State of Hawaii 'has understandably sought to fight,'" Judge Diarmuid O'Scannlain wrote. "But, for better or for worse, the Second Amendment does protect a right to carry a firearm in public for self-defense."


Gun rights is one of the most hotly debated issues in U.S. political and legal circles with any loosening or restriction of access to guns often leading to a court battle.

The U.S. Supreme Court struck down gun ownership bans in the District of Columbia and Chicago in 2008 and 2010, but has been reluctant in recent years to take on such cases, turning away challenges to gun restrictions.

Judge Richard Clifton noted in his dissent that several appeals courts have come down on different sides of whether guns can be openly carried in public, saying: "There is no single voice on this question." He suggested the Supreme Court will inevitably have to weigh in.
Clifton, who like the other judges was appointed by a Republican president, criticized the majority for going "astray in several respects" and disregarding that states such as Hawaii have long regulated and limited the public carrying of guns, which he said did not undermine the core of the 2nd Amendment.

Tuesday's ruling comes two years after a full panel of the San Francisco-based 9th Circuit ruled that there's no right to carry concealed guns in public. That June 2016 ruling struck down a 2-1 panel opinion that was also written by O'Scannlain.

1:30 p.m.: This article updated throughout with further details.
This article was originally published at 11:55 a.m.

[Clyde621]

Looks like you beat me by less than hour.

[Miami_JBT]

Damn interesting.

The State's defense is that carrying a firearm is a privilege, not a right. This just stated that carrying is a right.

[Chinerd00]

So what's this mean for Florida?

[Miami_JBT]

So what's this mean for Florida?

Gives us legal standing for another suit. Like the suit FL Carry is filing after what happened in Miami Beach.

[Tenzing_Norgay]

So what's this mean for Florida?

Nothing. We have "shall issue" and concealed carry. HI has neither.

https://bearingarms.com/micah-r/2018/07 ... un-owners/

Because Hawaii is a “may issue” state when it comes to its carry permits, the law requires those applying for a license to show authorities they fear for their personal safety or the safety of their property.

The NRA Institute for Legislative Action makes a point of saying “these permits are extremely difficult to obtain,” adding that it was “advised that the County Police Departments will not approve a license for any reason.”

That appears to be the case, as the court found “no concealed carry license has ever been granted by the County.”

5/ The panel also finds that the Hawaii law flunks intermediate scrutiny because "no concealed carry license has ever been granted by the County" under the "good cause" standard. pic.twitter.com/qi8oQY85o8

— Josh Blackman (@JoshMBlackman) July 24, 2018