9th Circuit Court of Appeals Upholds Right To Carry Gun In Public

9th Circuit Court of Appeals Upholds Right To Carry Gun In Public

A three-judge panel from the Ninth Circuit Court of Appeals ruled that the Second Amendment does protect the right to openly carry a gun in public, striking down a lower court ruling that found the right to carry a gun only applied to a person’s home. The case began in 2011 when Hawaii resident George Young was denied a permit to carry a gun in public on two separate occasions. The panel ruled 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." The panel rebuked the argument from Hawaiian officials that the Second Amendment only protects an individuals right to possess a gun in their own home. 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. Photo: Getty Images

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9th Circuit Court of Appeals Upholds Right To Carry Gun In Public

9th Circuit Court of Appeals Upholds Right To Carry Gun In Public

A three-judge panel from the Ninth Circuit Court of Appeals ruled that the Second Amendment does protect the right to openly carry a gun in public, striking down a lower court ruling that found the right to carry a gun only applied to a person’s home. The case began in 2011 when Hawaii resident George Young was denied a permit to carry a gun in public on two separate occasions. The panel ruled 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." The panel rebuked the argument from Hawaiian officials that the Second Amendment only protects an individuals right to possess a gun in their own home. 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. Photo: Getty Images

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