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9th Circuit Court of Appeals upholds right to carry in public

July 24, 2018

  How about a little good news for a change? And making the news doubly sweet is that this comes from the 9th Circuit Court of Appeals of all places. This court has reversed a decision by a Hawaii court and upheld the right to carry a gun in public for self defense and not just in a person’s home.

  Here is more:

A federal appeals court ruled on Tuesday that the U.S. Constitution’s Second Amendment protects the right to openly carry a gun in public for self-defense, rejecting a claim by Hawaii officials that the right only applies to guns kept at home.

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.

In a split two-to-three decision on Tuesday, the panel found Hawaii infringed on the rights of plaintiff George Young when it twice denied him a permit to carry a gun outside.

Even while ruling in favor of George Young the court could not help but show its bias:

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

  “For better or worse” was an unneeded addition to the ruling which shows just how the court really feels about the second amendment, but at least this one time it did not let personal policy preference get in the way of the decision.

malo periculosam libertatem quam quietum servitium

14 Comments leave one →
  1. July 24, 2018 7:18 pm

    Won’t it now go to the full 9th? This was just the panel… either way, they may be getting tired of having all of their decisions overturned by the Supremes…nice start.

    Liked by 2 people

    • July 24, 2018 9:00 pm

      I think you are right… looked at Wikipedia..not the end all, but no en blanc… or full court. It is an interesting look.. therefore…its up for grabs as to who on the 9th hears the case….as I read it. Call this Ripley’s believe it or not!
      Could be wrong…

      Liked by 1 person

    • July 25, 2018 5:44 am

      I am not sure either, the article didn’t mention going to the full court. It only mentioned that this would eventually make it to SCOTUS.


      • July 25, 2018 7:17 am

        I heard on the radio that the 9th had a totally different decision last year. It looks like it depends who hears the case… I thought the circuits were like the Supremes with a set number of judges such as 9 who heard the cases. Looks like not so in CA.

        Liked by 2 people

      • Dr. Jeff permalink
        July 25, 2018 5:34 pm

        In 2016, the 9th Circuit Court held that there was NO constitutional right to carry a concealed weapon in California.

        The Hawaii case involved open carry. Apparently Hawaii required a permit for open carry, but wasn’t issuing any. The 9th Circuit Court has now stated that there is a constitutional right to carry a firearm.

        Comparing the Hawaii and California cases raises some questions.

        Here in California, open carry is prohibited. We have several laws on the point beginning with a state law that says you can’t (Passed after the Black Panthers started openly carrying loaded weapons in public.) and several other laws involving “brandishing” a firearm.

        A concealed carry permit is technically available, but the requirements include “good cause” and then leave the issuance up to the local sheriff or police. The terms “good cause” and “may issue” effectively prohibit concealed carry permits to anyone not rich or well connected.

        So what does that to the legal status of open carry in California and since Hawaii open carry required a permit, how does that related to California concealed carry permits?


        Liked by 1 person

      • July 25, 2018 6:55 pm

        Dr. Jeff beat me to it, last year the case was concealed carry while this one was open carry. I do wonder though if these were different justices than on the first case.


      • July 25, 2018 6:59 pm

        Apparently can be different as long as the judge didn’t participate in the case. We are slowly getting GOPers on the court, though last week I hear one got shot down at the last minute and withdrawn by McConnel

        Liked by 1 person

      • July 25, 2018 6:58 pm

        Those are interesting questions Dr. Jeff and I would think that California is eventually going to have to comply as well if somebody sues the state. Hopefully this will all make it to the Supreme Court and the issue will be settled once and for all.

        Liked by 1 person

      • July 25, 2018 7:01 pm

        Yes, Trump is reshaping the courts and that is a great thing. McConnell did block one last week and I think it was over something he wrote years ago.

        Liked by 1 person

  2. Dr. Jeff permalink
    July 24, 2018 9:19 pm

    I’m actually surprised that a judge on the 9th Circuit Court followed the law instead of their personal prejudice. I’ll take it though, progress is progress.

    Liked by 3 people

  3. July 25, 2018 1:41 pm

    Yes! Good. “Constitutional Carry.” Brings to mind Brittius, he’s missing, and we’re ‘missing him.’
    I heard of a new movie – The Purge – that goes w/ this. The rich (flush & purge) rulers have the ‘best weapons’ to use against the peons and serfs of the modern age. I’d leave the trailer but too creepy ‘high emotional drama (don’t we have enough of that already), killing, devil’s mind sharing, etc’ and don’t want to spread their ‘narcissism and futility programming and indoctrination.’

    Liked by 1 person

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