Ninth Circuit Court: Open Carry is at the Core of the Second Amendment
Reuters reported that a ruling on Tuesday, July 24, by the Ninth Circuit Court of Appeals said that Open Carry falls within the “core of the second Amendment.” The ruling was 2-1 in a three judge panel.
Hawaiian officials had dismissed a lawsuit filed for George Young Jr, who was twice denied a permit to carry his weapon outside the confines of his home. Today’s ruling set aside that dismissal, but sets up the issue to go to the Supreme Court. The Hawaii State law section 134-9 said that only those who were “engaged in the protection of life and property” were entitled to open carry.
“… the County may not constitutionally enforce such a limitation on applicants for open carry licenses.”
Judge Diarmuid F. O’Scannlain’s 59 page majority opinion stated: “it was satisfied that the Second Amendment encompasses a right to carry a firearm openly in public for self-defense. Analyzing the text of the Second Amendment and reviewing the relevant history, including founding-era treatises and nineteenth century case law, the panel stated that it was unpersuaded by the County’s and the State’s argument that the Second Amendment only has force within the home. The panel stated that once identified as an individual right focused on self-defense, the right to bear arms must guarantee some right to self-defense in public.
The panel held that because Hawaii law restricted plaintiff
in exercising the right to carry a firearm openly, it burdened
conduct protected by the Second Amendment.”
The Supreme Court previously ruled in the Heller case in 2008 that it was constitutional to have firearms in the home. The Ninth Circuit Court panel of 11 judges ruled 7-4 in June of 2016 that the Second Amendment does not cover Concealed Carry (Peruta v San Diego).
“The Second Amendment Foundation has always said that you have to allow some form of carry for self-defense. If you ban concealed carry you must allow open carry or vice a versa. You can’t ban both and have no carry under the Second Amendment.” SAF founder and Executive Vice President Alan M. Gottlieb in Conservative Firing Line
This case will likely end up at the Supreme Court. There are currently 15 states that require licenses for open carry, Hawaii among them.