U.S. Appeals Court: Constitution Gives Right To Carry Gun In Public

U.S. Appeals Court: Constitution Gives Right To Carry Gun In Public

(Reuters) – 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. The extent of the right to gun ownership is one of the most hotly contested debates in the United States, where mass shootings have become almost commonplace. 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. “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.” The 9th Circuit had ruled in 2016 that the Second Amendment does not guarantee a right to carry concealed firearms in public in Peruta v. County of San Diego. The U.S. Supreme Court declined to rule on that decision last year. President Donald Trump, a vocal gun rights supporter, is seeking to fill a […]

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U.S. appeals court: Constitution gives right to carry gun in public

(Reuters) – A federal appeals court ruled on Tuesday that the U.S. Constitution’s Second Amendment protects a 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 extent of the right to gun ownership protected by the Second Amendment is one of the most hotly contested debates in the United States, where life has been punctuated by a steady stream of mass shootings. The ruling issued by a three-judge panel on the 9th U.S. Circuit Court of Appeals, based in San Francisco, came a year after the U.S. Supreme Court declined to rule either way on the carrying of guns in public. Two of the three 9th Circuit judges voted to reverse a decision by the U.S. District Court in Hawaii that state officials did not infringe on the rights of George Young, the plaintiff, in twice denying him a permit to carry a gun outside. "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." The decision did not change the court’s earlier ruling that the Second Amendment does not guarantee a right to carry concealed firearms in public. Judge Richard Clifton dissented from the ruling, saying the Second Amendment does not preclude the sort of licensing rules used in Hawaii and elsewhere. […]

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