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Wednesday, July 25, 2018

Ninth Circuit: Limiting Open Carry to Police, Security Guards Violates Second Amendment

A three-judge panel of the United States Court of Appeals for the Ninth Circuit ruled Tuesday that restricting the open carry of firearms to police and security-related personnel infringes the Second Amendment.

Breitbart News reported that the ruling was handed down in an appeal of George Young’s suit against Hawaii. Young sued after being twice denied a license to carry a gun outside his home and a District Court sided with Hawaii. The Ninth Circuit’s three-judge panel sided with Young, noting that the “Second Amendment does protect a right to carry a firearm in public for self-defense.”

The majority opinion in the ruling was written by Ninth Circuit Judge Diarmuid O’Scannlain, who said:

Restricting open carry to those whose job entails protecting life or property necessarily restricts open carry to a small and insulated subset of law-abiding citizens. Just as the Second Amendment does not protect a right to bear arms only in connection with a militia, it surely does not protect a right to bear arms only as a security guard. The typical, law-abiding citizen in the State of Hawaii is therefore entirely foreclosed from exercising the core Second Amendment right to bear arms for self-defense.

More here

8 comments:

Anonymous said...

So what does this mean for the rest of the country? This is a federal court and I would think that the same federal ruling would apply to all states? Am I wrong about that? Thanks!

Anonymous said...

Wake up Hogan.

Anonymous said...

Lets use this and see what can be done over here in the 4th circuit!!!!!

Anonymous said...

This will obviously be appealed. Hopefully, not before Kavanagh is sworn in to the SCOTUS.
Not that I hope everyone starts walking around like the wild-west, but I would love to be able to carry one in my car LEGALLY.

Anonymous said...

1:24, what would you do with it when you left your car to go into the grocery store? What if everybody left their guns in their cars wile shopping?

You had better keep that thing on you at all times if you intend on carrying at all. Yes, even going to the PTA meetings!

It's not a part time thing.

Sometimes you have to think things through...

lmclain said...

Just carry a gun.

And feel no sympathy for anyone who tries to take it.
And don't think you need another man to give you "permission".

Anonymous said...

You do not need permission to open carry for your protection, they just said so. Now go do it and let the local moron cops try and stop you, lawsuit!

Anonymous said...

They have lock boxes for that.