LOS ANGELES — A federal appeals court ruled Tuesday that the Second Amendment protects the right to openly carry a gun in public for self-defense.
The 9th U.S. Circuit Court of Appeals ruled 2-1 that Hawaii 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 reversed a lower court ruling that sided with officials who said the amendment only applied to guns kept in homes.
“We do not take lightly the problem of gun violence, which the State of Hawaii ‘has understandably sought to fight,’” Judge Diarmuid O’Scannlain wrote. “But, for better or for worse, the Second Amendment does protect a right to carry a firearm in public for self-defense.”
If the ruling stands, it could lead to more guns in public in the few western states under 9th Circuit jurisdiction where they are currently restricted.
“States like Hawaii and California will have to allow far more guns on the streets than they do today,” said Adam Winkler, a law professor at the University of California, Los Angeles. “States would be able to ban concealed carry but only if they allow people to carry their guns openly displayed.”
Winkler, however, expects the decision to be appealed to a full panel of the San Francisco-based court.
Tuesday’s ruling comes two years after a full panel of the 9th Circuit ruled that there’s no right to carry concealed guns in public. That June 2016 ruling struck down a 2-1 panel opinion that was also written by O’Scannlain.
Gun rights is one of the most hotly debated issues in U.S. political and legal circles with any loosening or restriction of access to guns often leading to a court battle. The U.S. Supreme Court has shied away from the issue in recent years, turning away challenges to gun restrictions after striking down gun ownership bans in the District of Columbia and Chicago in 2008 and 2010.
Judge Richard Clifton suggested in his dissent that the Supreme Court will inevitably have to weigh in on the issue because several conflicting appeals decisions now show “there is no single voice on this question.”
Clifton, who like the other judges on the panel was nominated to the court by a Republican president, criticized the majority for going “astray in several respects” and disregarding that states such as Hawaii have long regulated and limited the public carrying of guns, which he said did not undermine the core of the Second Amendment.
Calls seeking comment from the police chief and a lawyer for the County of Hawaii were not immediately returned.
Associated Press Writer Jennifer Sinco Kelleher contributed to this story from Honolulu.
Have no worries Hawaii government will put a stop to this. They know our local boy thugs should be the only ones with a gun. If you want to carrie a gun it should be carried in a locked box, with bullets out of reach. When seconds count 2 cops are only 15-20 minutes away.
well said and true…very very true
Well those very strick Gun laws in Hawaii sure seem to be doing there job !! Never any Gun violence around here !! The old saying is very correct and proven in Hawaii almost every day ” When Guns are Outlawed Only Outlaws will have Guns”
You are absolutely right…I’m sure Justin Waiki just didn’t realize he wasn’t supposed to have a gun.
This will set off that old woman that wanted to kill target shooters by burying them in the landfill.
As with most SJW laws enacted in Hawaii…a court strikes it down. I don’t believe any other state has more restrictive laws on personal freedoms that are guaranteed in the U.S. Constitution. The nanny state believes that they know whats best for us…yet again the SJW’s in Hawaii are slapped down big time by the Constitution. Time to throw the rascals out and let the legal citizens of Hawaii enjoy the rights granted by the U.S. Constitution!
goddam right..well said….
Finally! Maybe we can get a rational carry permit process in this state. I really didn’t like driving around in places like Puna without one, but of course, all those places I use to visit are gone anyway, so . . .
Yeah, I understand.
I have no desire to carry while out and about on foot. Being able to drive with defense quickly available is a different matter.
Mainland anecdotes of armed citizens saving police in distress keep popping up. Police here are SOL.
Hawaii’s liberal politicians (Doug Chin first comes to mind) do not think that the US constitution or federal laws apply to Hawaii. Past time for these out of touch persons to be voted out of office. Their liberal policies are continually being overturned by higher federal courts. Ige and Hanabusa are two others who do not grasp the second amendment.
appealed to the san fransisco courts????nothing but a bunch of socialist liberal illegal loving pansies asses…..who do NOT represent the people….boycott san fransisco!!!!!!!!!!!!!!!!!!