Don’t go gearin’ up like the world just went full Mad Max just yet, but this is huge. Here’s the details…
This is fresh off the presses, but:
— Lawrence Hurley (@lawrencehurley) July 24, 2018
1/ Divided 9th Circuit panel finds that 2nd Amendment “Second Amendment encompasses the right of a responsible law-abiding citizen to carry a firearm openly for self-defense outside of the home” https://t.co/xR5aNbjJ0D – J O’Scannlain & Ikuta in majority. J Clifton in dissent.
— Josh Blackman (@JoshMBlackman) July 24, 2018
Here’s coverage from Hal Turner Radio Show:
A three-judge panel of the Ninth Circuit has just ruled that the right to openly carry a firearm for the purpose of self-defense is a protected activity under the Second Amendment. The case is Young vs. Hawaii and the lawsuit challenges a Hawaii law, which says A concealed carry or open carry permit is only issued once you’ve convinced the local police chief that you are engaged in an activity “[w]here the urgency or the need has been sufficiently indicated” and the applicant “is engaged in the protection of life and property.”
Just a couple of thoughts here. This case almost certainly goes to an en banc hearing of the Ninth, where I would suspect that it will be overturned. But still, the opinion is now out there as having won at least once. We’ll see it again. Then the big question becomes does the Supreme Court take it on? They’ve been dodging Second Amendment cases but this one makes it hard.
If Peruta says no concealed carry and an en banc Ninth says no open carry either, then the Second Amendment becomes equivalent to your right to have a My Little Pony collection.
I’m guessing the case does go to SCOTUS and that this opinion largely carries the day. If so, the Second Amendment is safe and, what is more certain, opposition to concealed carry evaporates because I suspect more gun-grabber legislatures would rather have concealed than open carry.
And from The Federalist:
The ultra-liberal and frequently overturned U.S. Court of Appeals for the Ninth Circuit just ruled that the Second Amendment protects one’s right to carry a gun openly outside of the home.
“We do not take lightly the problem of gun violence,” the majority opinion in Young v. Hawaii reads. Here’s more, emphasis added.
For better or for worse, the Second Amendment does protect a right to carry a firearm in public for self-defense. We would thus flout the Constitution if we were to hold that, ‘in regulating the manner of bearing arms, the authority of [the State] has no other limit than its own discretion.’ Reid, 1 Ala. at 616. While many respectable scholars and activists might find virtue in a firearms-carry regime that restricts the right to a privileged few, ‘the enshrinement of constitutional rights necessarily takes certain policy choices off the table.’