Appeals court backs right to carry firearms in public

Mar 2012
58,635
40,148
New Hampshire
The San Francisco-based Ninth Circuit Court of Appeals ruled Tuesday that the Second Amendment guarantees Americans’ right to carry a gun for self-defense in public, overturning a Hawaii licensing rule that limited gun possession to the home.

The ruling, which comes one year after the Supreme Court declined to rule on the issue, overturns a Hawaii court of appeals ruling that held officials did not violate a plaintiff’s Second Amendment rights by prohibiting him from carrying outside of his home.

“We do not take lightly the problem of gun violence,” Judge Diarmuid O’Scannlain wrote in Tuesday’s ruling for the two-judge majority. “But, for better or for worse, the Second Amendment does protect a right to carry a firearm in public for self-defense.” The plaintiff, George Young, sued after a state official “twice [denied] him a permit to carry a gun outside,” Reuters reported Tuesday.

The ruling by a three-judge panel on the 9th U.S. Circuit Court of Appeals, makes the San Francisco-based court the sixth U.S. circuit court to interpret the Second Amendment this way and could set the issue on a path toward the U.S. Supreme Court, which has not taken up a major gun rights case since 2010.

https://www.reuters.com/article/us-usa-guns-court/u-s-appeals-court-constitution-gives-right-to-carry-gun-in-public-idUSKBN1KE28C?feedType=RSS&feedName=domesticNews&utm_medium=Social&utm_source=Twitter
 

Libertine

Moderator
Apr 2015
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2,997
Katmandu
Big Win for Civil Rights in America

This is good news for the citizens of San Diego who have had their civil rights denied by the sheriff there for years, as well as citizens of NYC.

http://cdn.ca9.uscourts.gov/datastore/opinions/2018/07/24/12-17808.pdf

https://www.nationalreview.com/news/open-carry-case-appeals-court-constitutional-right/

The San Francisco-based Ninth Circuit Court of Appeals ruled Tuesday that the Second Amendment guarantees Americans’ right to carry a gun for self-defense in public, overturning a Hawaii licensing rule that limited gun possession to the home.

The ruling, which comes one year after the Supreme Court declined to rule on the issue, overturns a Hawaii court of appeals ruling that held officials did not violate a plaintiff’s Second Amendment rights by prohibiting him from carrying outside of his home.

“We do not take lightly the problem of gun violence,” Judge Diarmuid O’Scannlain wrote in Tuesday’s ruling for the two-judge majority. “But, for better or for worse, the Second Amendment does protect a right to carry a firearm in public for self-defense.”
 

Wonderer

Moderator
May 2014
29,426
19,810
Missouri
Surprise!

I suspect the Court en banc will reverse this decision, but either way, this one's likely headed to the SCOTUS.
 
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Libertine

Moderator
Apr 2015
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2,997
Katmandu
I can't believe all those unconstitutional 'may issue' laws have been on the books for so many years. Looks like the nation is headed to "shall issue' as it should be.


The panel concluded that Hawaii’s limitation on the open carry of firearms to those “engaged in the protection of life and property” violated the core of the Second Amendment and was void under any level of scrutiny.
 
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Crusher

Former Staff
Aug 2011
28,358
9,259
Heaven Above
It's about time. In California, unless you are in specific Republican counties, it's almost impossible to exercise what is supposed to be your right as a U.S. Citizen.
 

Libertine

Moderator
Apr 2015
15,664
2,997
Katmandu
Surprise!

I suspect the Court en banc will reverse this decision, but either way, this one's likely headed to the SCOTUS.
Why? It shouldn't be the subjective opinion of an individual who gets to exercise their civil rights and who doesn't.