Americans have constitutional right to openly carry firearms, court rules

Texas kicks ass.  Wait… what?  Not Texas?  Hawaii?  Really?

Americans have a constitutional right to openly carry firearms, a federal appeals court ruled Tuesday, delivering a major victory to gun rights supporters.

While courts previously have recognized the right to own firearms to protect the home, the decision by the three-judge panel of the U.S. Court of Appeals for the 9th Circuit extends that into the public sphere, calling it a “core Second Amendment right.”

In a 2-1 ruling, the panel said Hawaii’s law severely restricting guns outside homes or businesses tramples on that right.

I agree, totally, but to hear this come out of the 9th Circuit is just weird.

Judge Diarmuid F. O’Scannlain, who wrote the majority opinion, scoured history from Geoffrey Chaucer’s England to the American antebellum period to trace the history of gun rights. He ruled that there is little doubt the authors of the Second Amendment were comfortable with Americans openly carrying weapons for self-defense, and until the Constitution is changed, that remains the standard.

“For better or for worse, the Second Amendment does protect a right to carry a firearm in public for self-defense,” the judge wrote.

Damn straight it does.

Why was the 9th Circuit ruling on this now?

A number of localities have tested the boundaries by restricting concealed-carry or banning certain types of firearms or add-ons.

Hawaii’s law generally requires that guns be kept at homes or businesses, though state code Section 134-9 says residents can obtain a license to carry a loaded handgun if they can prove to the local police chief that they fear for their safety or property.

George Young, a resident of Hawaii County, also known as the Big Island, applied for a carry license in 2011 but was denied twice.

Indeed, county officials acknowledged that they had never approved a carry permit.

So “May Issue” = “No Issue” in the Aloha State.  That’s pretty much the same for California, New York, New Jersey, Maryland, etc.  Sure, if you are a wealthy celeb or businessman and you donate enough money to the right people – or just bribe the shit out of the police – you can get the rare CCW in one of these states.  A regular civilian with no special connections or influence is not going to get a CCW permit in one of these states.

Of course this decision came from a three judge panel and not a ruling of the whole 9th Circuit.  It can be appealed back to the 9th for judgement.

The 9th can overturn a ruling made by a panel of three of its own judges, which is then grounds for another appeal up to SCOTUS.

I would love nothing more than to see SCOUTS pull a Moore v. Madigan on may issue and rule it unconstitutional, forcing shall issue on the entire nation.  That takes us one step closer to national reciprocity.

It might also make most of the population of New York and California’s heads explode, which would be fun to watch too.

This is some very interesting news out of the 9th.

So, c’mon Republicans, get Kavanaugh on SCOTUS now so we can get this decision on lock.

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By J. Kb

6 thoughts on “This came out of the 9th?”
  1. Hawaii is notorious — even NY and CA do issue *some* permits. The criminals running the show in Hawaii actually boast about never issuing a permit.
    The 9th is known to be generally far left, but there are exceptions. One of them was recently #MeToo’d, (Alex Kozinski) but there clearly are a few other sane ones left.
    An alternative way for SCOTUS to improve matters is to rule that “full faith and credit” requires national reciprocity. (Neil Smith and Aaron Zelman argued that point in his novel “Hope”, worth reading by the way.)

  2. When I was stationed there (’03-’06), the local police gave a briefing as part of welcoming incoming Soldiers to the island, and they proudly proclaimed that the only person with a carry permit was a former cop who was currently their armorer.

  3. It WILL go to En Banc. It WILL be overturned. Even if Kavanaugh is confirmed to SCOTUS they still WILL NOT hear it. If Kavanaugh is not confirmed the first scenario is going to happen with 100% absolute certainty.

    Basically in th end the circuit court will say you have LITERALLY NO gun right outside if your homes. Having a gun Will be blanket totally legal in the state of California. Gun ownership will be inside the home only. BOOM! ALL gun stores deemed to be illegal. Transporting a cased gun in your trunk will be illegal. Hunting with guns made totally illegal. Basically if a gun is not in a home it’s illegal. DeFacto total gun ban in the entire states. Others will follow as SCOTUS refuses to hear those cases.

    1. That feels a bit over the top. But if your forecast is accurate, it means it’s time to elect representatives who will impeach the offending judges, and senators who will convict them. (The charge, if it wasn’t obvious, would be perjury.)

  4. Almost certainly the full circuit court will overturn the three judge panel. Hopefully, Kavanaugh will be confirmed prior to October 1st, and the supremes will hear this case.

  5. Side question: why was it 2:1?

    A third grader who is given the Webster definitions of “infringed” and “bear” can understand the Second Amendment.

    The dissenting judge should be removed from his position.

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