Right to Carry Gun in Public Debated at Ninth Circuit

Right to Carry Gun in Public Debated at Ninth Circuit

SAN FRANCISCO (CN) — In a case challenging a Hawaii gun restriction that could affect state gun laws across the country, an attorney told an en banc Ninth Circuit panel Thursday that the Second Amendment doesn’t categorically bar all restrictions on carrying guns outside the home. “Hawaii’s law is squarely rooted in a long historical tradition going back seven centuries,” said attorney Neal Katyal of Hogan Lovells in Washington D.C., who represents the state and county of Hawaii. “That tradition shows that carrying firearms in public without good cause has never been part of the right to keep and bear arms.” Plaintiff George Young sued Hawaii in 2012 for denying his applications for permits to carry a concealed or openly visible handgun. A Hawaii state law requires a license to carry a gun in public. Under a Hawaii County regulation, the police chief may only grant such licenses to those who need a gun for their job or who show “reason to fear injury” to their “person or property.” No one other than a security guard has ever obtained an open-carry license in Hawaii, lawyers for the county acknowledged during a previous Ninth Circuit hearing in 2018. In July 2018, a divided three-judge Ninth Circuit panel ruled that carrying a gun in public is a constitutional right and that Hawaii cannot deny permits to all non-security guard civilians who wish to exercise that right. By ruling against state laws that ban carrying guns in public, the Ninth Circuit joined […]

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