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.
(Score: 4, Informative) by Runaway1956 on Tuesday August 21 2018, @03:25PM (9 children)
Gotta disagree. Open carry is proper carry. A cop should never have to ask if you're armed - it should be right out there for all the honest world to see. (Echoes of Pancho and Lefty there.) It seems right and proper that you would need a permit or license for concealed carry, but the second amendment says that you have the RIGHT to carry a weapon. WTF do I need to hide what I have a right to do? Should I also hide the fact that I'm a voter? That I engage in sex? That I own my own home? That I own a car?
If some hoplophobe is "triggered" by the fact that I have a weapon on my hip, or on my shoulder, that's his problem. It should never become a legal problem, because the 2nd Amendment says it's no problem.
(Score: 2) by DannyB on Tuesday August 21 2018, @03:43PM (6 children)
I'm going to go out on a limb here. It may just be a bias that I have. And if so, I'll admit it.
I tend to think that most sane, rational, cool headed people who have or like guns, are quiet about it, and would be just fine concealing their weapon.
[some of] The people who most loudly want to carry an arsenal of weaponry into 7-11, even to innocently purchase a Diet Coke, are the people I tend to think are the most disturbed and frightening -- even if they aren't carrying a gun at the moment.
I could be wrong. But I have that association.
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(Score: 3, Insightful) by Arik on Tuesday August 21 2018, @03:53PM (2 children)
Some idiot who wants to carry to 7-11 so bad he has to change his underpants afterward isn't a good basis for policy that affects everyone long term. Let him get it out of his system. Next week he'll be on to something else.
It's not about him. And it's not about all the idiots that will have a heart attack and can't believe he could be allowed to do that - they're just making it more attractive for him. They're all idiots and we shouldn't base policy on them.
It's about the guy that stops in at that 7-11 every morning after walking his trap line. You carry, usually a little revolver at least, walking a trap line. He wants to get a slurpy and wait for his ride, does he conceal the weapon, as if it were something shameful, or as if he were planning a murder with it? Why should he have to do that? Even if he's willing, it's not always legal, or practically legal (it might involve expensive permits and a lengthy process, in some areas it can still be denied politically etc.)
Why should anyone blink an eye at him wearing a revolver on his hip when he gets his slurpy? This IS America, that's normal here.
If laughter is the best medicine, who are the best doctors?
(Score: 3, Insightful) by Freeman on Tuesday August 21 2018, @04:48PM (1 child)
That was normal perhaps a hundred years ago. The Old West died out quite some time ago.
Joshua 1:9 "Be strong and of a good courage; be not afraid, neither be thou dismayed: for the Lord thy God is with thee"
(Score: 3, Insightful) by Arik on Tuesday August 21 2018, @05:07PM
If laughter is the best medicine, who are the best doctors?
(Score: 2) by Runaway1956 on Tuesday August 21 2018, @04:21PM (2 children)
Likewise - most fishermen are rather quiet, until they start bragging about their prowess at the bar, late in the evening. But, no one expects that a fisherman conceal his rods. Or even his tacklebox. I know fishermen who festoon their clothing with lures, spinners, and other accoutrements of the religion. I've never seen a fisherman arrested for displaying his stuff. Well - maybe - if he has too much stuff. Like, the limit on crappy is six fish, and he has nine, and he's too dumb to hide the extra three somehow, he might get arrested. The point is, we don't have piscephobes demonstrating against the strange worshippers of the fishing rod.
(Score: 2) by Freeman on Tuesday August 21 2018, @05:04PM
I would like to introduce you to an organization called PETA. They are full of very smart, easy going, vegetarians, who in no way would promote violence against others, especially animals. </sarcasm>
Joshua 1:9 "Be strong and of a good courage; be not afraid, neither be thou dismayed: for the Lord thy God is with thee"
(Score: 0) by Anonymous Coward on Tuesday August 21 2018, @09:16PM
When that rod can propel 10+ Hula Poppers in rapid succession, each at 1000 feet per second, let us know. I'd prefer to stay the hell out of that bar.
(Score: 0) by Anonymous Coward on Tuesday August 21 2018, @06:24PM
Please do. No one wants to see you doing that.
(Score: 2) by JoeMerchant on Tuesday August 21 2018, @08:06PM
Didn't comment on what was right, or proper (and still won't.)
Did comment that open carry takes a bit more courage than concealed carry, and also commented that the concealed carriers I know are all basically cowards at heart - they aren't carrying to protect other people, they're carrying to make themselves feel better in a big world that scares them.
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