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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: 2) by Freeman on Tuesday August 21 2018, @09:06PM (3 children)

    by Freeman (732) on Tuesday August 21 2018, @09:06PM (#724379) Journal

    So, only in the event that it's a black man carrying is it posted publicly. Yeah, that doesn't sound good / better. There are/were rules in place to protect one's privacy. Sure, we may have more or less signed them away with the "Patriot Act", but at least that's not a lets look at everyone, everywhere, for good measure. It's only a we'll look where we want, when we want. Which isn't much, if any better.

    The right to the expectation of privacy, especially from the government, is what's at stake there.

    The scenario around Benjamin Franklin's famous quote may not have been geared toward this, but the man could write. "Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety."--Benjamin Franklin

    The context: https://techcrunch.com/2014/02/14/how-the-world-butchered-benjamin-franklins-quote-on-liberty-vs-security/ [techcrunch.com]

    --
    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"
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  • (Score: 2) by JoeMerchant on Tuesday August 21 2018, @09:37PM

    by JoeMerchant (3937) on Tuesday August 21 2018, @09:37PM (#724393)

    So, black is the just shorthand. I'm white, very white, but also have had long hair and/or beards at times, and that can get its own kind of persecution from law enforcement, especially when younger.

    If I were choosing to open carry with long hair in a conservative/rural area, I'd like to have that surveillance of myself, and willingly post it openly as insurance. These are two choices made and controlled by me: 1) to open carry, and 2) to publicly disclose what happens while I'm doing so. If I've got things in my life that I don't want to disclose that openly, I have a choice then to turn off the cameras and still open carry - if I've got enough of a reputation for concealed video surveillance it might just protect me even when it's not there - that's a risk at my choosing.

    In real life, I still wear the hair, but don't open carry (even though I have lived a couple of places/times where it was legal), because I feel that sidearms are mostly for cowards in today's world.

    If you want to talk about the sanctity of the 2nd amendment, that kind of became moot with helicopters, long range sniper rifles, infrared imaging, hellfire missiles, etc. A musket might have evened you up with the Redcoats, but there's no way I want the U.S. populace to be entitled to today's military grade weapons.

    The people's weapon of today is transparency. We should protect, exercise and expand our rights to wield it at our discretion, and also demand it of those who would make and enforce laws for us.

    --
    🌻🌻 [google.com]
  • (Score: 2) by driverless on Wednesday August 22 2018, @02:33AM (1 child)

    by driverless (4770) on Wednesday August 22 2018, @02:33AM (#724514)

    I think people are missing one important point:

    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.

    To protect himself. Against what? In Hawaii? Feral pineapples? The Hawksbill Sea Turtle? WTF are you so scared of in Hawaii that you feel you need to carry a loaded firearm?

    • (Score: 0) by Anonymous Coward on Thursday August 23 2018, @12:31AM

      by Anonymous Coward on Thursday August 23 2018, @12:31AM (#724959)

      it's not necessarily about being scared. it's about being prepared instead of going around waiting on your masters to protect you. hawaii has a fairly serious meth problem too, fyi.