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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: 3, Insightful) by Freeman on Tuesday August 21 2018, @04:48PM (1 child)

    by Freeman (732) on Tuesday August 21 2018, @04:48PM (#724255) Journal

    That was normal perhaps a hundred years ago. The Old West died out quite some time ago.

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  • (Score: 3, Insightful) by Arik on Tuesday August 21 2018, @05:07PM

    by Arik (4543) on Tuesday August 21 2018, @05:07PM (#724264) Journal
    Yes, it did, but open carry is not an old west thing. I'm considerably younger than a century old myself, and I can remember when going to school with a gun didn't cause any alarm at all. The principal would keep it in his office till the last bell rang, then return them to you as you left. As far as I know no one ever even thought of using those weapons for anything but snagging some supper on the way home Of course I had the fortune to grow up in a rural area, if you're in a big city it feels like you're in a different country entirely sometimes.
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