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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 jmorris on Wednesday August 22 2018, @03:03AM

    by jmorris (4844) on Wednesday August 22 2018, @03:03AM (#724525)

    You are stuck in a single moment in time, which happens to be when we are living in Clown World.

    A black guy with a gun? People get nervous.

    Dr. Thomas Sowell tells a story of when he was a child in New York City and he would carry a rifle home from school on the subway. That it was an utterly unremarkable thing at the time. A black teen on a New York subway with a rifle (in a case) and schoolbooks. And nobody cared. Now wrap your mind around the other part of that story, a black teen carrying a rifle into school, shooting it and it also being an utterly normal part of the school day.

    That of course is not the world we now live in. However we could have that world back in a generation if we could find the courage to give a few Communists a quiet helicopter ride.

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