Ninth Circuit Court to Rethink Its Ruling on Open Carry

 In 2nd Amendment

Last year, the Ninth Circuit Court made a landmark ruling that said Open carry was “at the core of the Second Amendment.” Now, they’ve decided they might want to take that back, according to Reuters.

The Ninth Circuit Court “rules over” nine Western states. the case in question is from Hawaii. George Young was denied the right to open carry his firearm, and initially won in the court. Apparently, they are rethinking their ruling. The case is called Young v Hawaii et al, 9th U.S. Circuit Court of Appeals, No. 12-00336.

The Jurist wrote in 2018:

Young v. State of Hawaii [PDF, text] the second victory, was less impressive than it seemed and demonstrates the lengths to which states have gone to abridge the right to bear arms. Both California and Hawaii ban [California Penal Code 26350] open carry of firearms, but also strictly limit the ability to carry a concealed weapon. Should an applicant for a concealed carry permit convince the Hawaiian police he or she has reason to fear specific injury, the license is good only within the county issuing the permit. When George Young, a Hawaiian resident, was unable to persuade the police and district court of his need to carry a concealed weapon for self-defense, he sued for the right to carry a firearm openly. In July two of the three Appellate Court judges who heard the case agreed “The right to bear arms must include, at the least, the right to carry a firearm openly for self-defense” and remanded the case adding that a state could regulate gun carriage as long as the regulations did not render the right an “illusory promise.”

Now, the Ninth Circuit Court has decided to revisit that ruling with the full 11 judge panel at a hearing which has not yet been scheduled.

Mr. Young’s Attorney stated,

“The composition of the Supreme Court has changed, and it means the 9th Circuit will have to be very careful in evaluating the merits of Mr. Young’s case. My client has made it clear he wants to keep fighting as long as it takes. ” Alan Beck, Attorney in a phone interview with Reuters

There are cases out there for gun rights that are not being heard because of a lack of funds to pay attorneys. There are egregious violations of the second amendment in states across the country. It’s a fight that must be pursued for as long as America stands.

  • Michelle

    Open carry is a right, the first , 9th is right.

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