Ninth circuit panel rules against Hawaii protects open carry

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Ninth circuit panel rules against Hawaii protects open carry

Postby M-Quigley » Tue Jul 24, 2018 8:02 pm ... pen-carry/


This is the same circuit court that a couple of years ago said Californians didn't have a right to carry?
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Re: Ninth circuit panel rules against Hawaii protects open c

Postby JustaShooter » Tue Jul 24, 2018 8:49 pm

That decision was only about whether there was a right in the Constitution to carry *concealed*, it did not address open carry at all. This one does, and finds that although they cannot find a right to carry concealed in the Constitution, that the right to openly carry exists. It is also only a 5-judge panel, not the full court.

But, don't everyone get too excited. First, it will likely end up being reviewed en banc (by the full court) and quite possibly overturned. If so, that opens up a nice opportunity for SCOTUS to hear it...

But even if it is left to stand as-is, it is only binding on the states that make up the 9th Circuit.
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Re: Ninth circuit panel rules against Hawaii protects open c

Postby bignflnut » Fri Jul 27, 2018 8:08 am

George K. Young Jr. filed the appeal after lower courts upheld multiple denials for a carry permit by the County of Hawaii Chief of Police. State officials anchored their defense on a section of Hawaii’s Revised Statute 134-9, which states residents must keep their firearms at a “place of business, residence or sojourn.”

The only open-carry exceptions allowed under the law were for those, “engaged in the protection of life and property.” Securing a concealed-carry permit in the state is limited to “exceptional case” residents, according to the decision.

“The typical, law abiding citizen in the State of Hawaii is therefore entirely foreclosed from exercising the core Second Amendment right to bear arms for self-defense,” wrote Circuit Judge Diarmmuid F. O’Scannlain in the 2-1 decision. “It follows that section 134-9 ‘amounts to a destruction’ of a core right, and as such, it is infirm ‘[u]nder any of the standards of scrutiny.’ Thus, we hold that section 134-9’s limitation on the open carry of firearms to those ‘engaged in the protection of, life and property’ violates the core of the Second Amendment and is void; the County may not constitutionally enforce such a limitation on applicants for open-carry licenses.”
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