9th Circuit rules the 2nd protects the right to open carry

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9th Circuit rules the 2nd protects the right to open carry

Postby jdege on Tue Jul 24, 2018 12:47 pm

https://www.reuters.com/article/us-usa-guns-court/us-appeals-court-constitution-gives-right-to-carry-gun-in-public-idUSKBN1KE28C
U.S. appeals court upholds right to carry gun in public

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.


From the opinion:

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.


This is exactly what they refused to do in Peruta.

https://armsandthelaw.com/archives/2018/07/incredible_ruli.php
Incredible ruling from the 9th Circuit
http://cdn.ca9.uscourts.gov/datastore/opinions/2018/07/24/12-17808.pdf

The panel acknowledged that while the concealed carry of firearms categorically falls outside Second Amendment protection, see Peruta v. County of San Diego, 824 F.3d 919, 939 (2016) (en banc), it was satisfied that the Second Amendment encompasses a right to carry a firearm openly in public for self-defense. 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.

In determining the appropriate level of scrutiny to apply to section 134-9, the panel first held that the right to carry a firearm openly for self-defense falls within the core of the Second Amendment. The panel stated that restricting open carry to those whose job entails protecting life or property necessarily restricts open carry to a small and insulated subset of law-abiding citizens. The panel reasoned that the typical, law-abiding citizen in the State of Hawaii was entirely foreclosed from exercising the core Second Amendment right to bear arms for self-defense. The panel concluded 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 and was void under any level of scrutiny.


I'm very much looking forward to seeing this appealed to a Kavanaugh Court.
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Re: 9th Circuit rules the 2nd protects the right to open carry

Postby Ghost on Tue Jul 24, 2018 1:32 pm

Constitutional open carry

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