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posted by martyb on Tuesday August 21 2018, @10:59AM   Printer-friendly
from the Shall-not-be-infringed dept.

On July 24th, 2018 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 decision in Young vs Hawaii (PDF warning) holds that the purpose of the Second Amendment is to enable citizens to defend themselves, and that the right to openly carry a firearm in public is implicit in the 2nd Amendment's "right to bear arms". This expands on the Heller vs DC decision, which guaranteed the right to own and keep firearms in the home.

The scope of this decision is currently limited to the 7 States covered by the 9th Circuit. There is little doubt that Hawaii will petition for an en banc review of the ruling and that no matter how that is decided, it is likely to make it to the Supreme Court. The state's only other choice would seem to be compliance with the ruling and allowing the open carry of handguns. For the time being, nothing is going to change, even in Hawaii. The court did not issue an injunction or otherwise impose any requirement for the state to immediately comply with its ruling and state authorities are simply evaluating their options.

One final link to be taken with a grain of salt: a California resident is seeking lawyers who will help file a motion for a Temporary Restraining Order (TRO) against California Attorney General Becerra restraining him from enforcing California's Open Carry bans (California Penal Code sections 25850, 26350, and 26400). The same article calls out the NRA for not taking action:

In any event, you won't see any of the so-called gun-rights lawyers fighting for Open Carry because they, and the organizations which hire them, such as the NRA, CRPA, SAF, CalGuns.nuts, et., oppose Open Carry. How do we know that? They said so in their Federal court filings and/or in their oral argument before Federal judges.

I find it ironic that a Federal judge seems to be taking a more pro-arms position than the NRA itself.


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  • (Score: 4, Interesting) by DannyB on Tuesday August 21 2018, @03:20PM (6 children)

    by DannyB (5839) Subscriber Badge on Tuesday August 21 2018, @03:20PM (#724207) Journal

    I thought that people who promote concealed carry believe that a good guy with a gun is necessary to stop a bad guy with a gun.

    If that is true, then a lot of good guys with clearly visible guns should deter a bad guy with a gun. But then of course, the bad guy with a gun blends into the crowd. Or they outnumber the good guys with guns, but we just didn't realize it until all the guns became visible.

    A way to make guns even more visible is to make them bright orange. With the added benefit that police are more likely to shoot you because they may hesitate to consider that it may be a ton gun. Which it may be in some sense, as guns are toys to some people.

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  • (Score: 2) by Runaway1956 on Tuesday August 21 2018, @03:28PM (2 children)

    by Runaway1956 (2926) Subscriber Badge on Tuesday August 21 2018, @03:28PM (#724215) Journal

    A way to make guns even more visible is to make them bright orange.

    You have strange ideas sometimes. But, the more I think about it, the more sense it makes. Go ahead, make all weapons hi-vis, by law. It makes a helluva lot more sense than trying to "control" weapons.

    • (Score: 2) by DannyB on Tuesday August 21 2018, @03:37PM (1 child)

      by DannyB (5839) Subscriber Badge on Tuesday August 21 2018, @03:37PM (#724223) Journal

      Bright gun colors will be in style. Guns that match your outfit will become a necessity. So the modern software developer needs a set of guns to match their entire wardrobe. Then there will be fashion wars, which will become gun fights.

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      • (Score: 2) by number11 on Tuesday August 21 2018, @08:32PM

        by number11 (1170) Subscriber Badge on Tuesday August 21 2018, @08:32PM (#724362)

        Bright gun colors will be in style.

        Oh crap, they already are, in some circles. Pistols in red, pink, green, blue, zombie, tan. Hydro dipped so they're covered with skulls, images of $100 bills, camo (google for "hydro dip gun" images). And then, there's the classic chrome. Your gun, an essential fashion accessory.

  • (Score: 2) by JoeMerchant on Tuesday August 21 2018, @08:04PM (1 child)

    by JoeMerchant (3937) on Tuesday August 21 2018, @08:04PM (#724335)

    Airsoft toys already come with a bright orange tip to alert law enforcement that they are non-lethal.

    A kid walking around with a real gun with a fake orange airsoft tip on it would be doubly evil - I'm surprised we haven't heard of this happening with a mass shooter yet.

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    • (Score: 2) by DannyB on Tuesday August 21 2018, @08:17PM

      by DannyB (5839) Subscriber Badge on Tuesday August 21 2018, @08:17PM (#724348) Journal

      Me too. I've wondered that for some time.

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  • (Score: 2) by jb on Wednesday August 22 2018, @05:31AM

    by jb (338) on Wednesday August 22 2018, @05:31AM (#724562)

    With the added benefit that police are more likely to shoot you because they may hesitate to consider that it may be a ton gun. [emphasis mine]

    Now there's a novel idea. Anyone physically capable of carrying a 1 ton (whether long, short or metric) gun probably doesn't need to...