July 30, 2018

Positivity: 9th U.S. Circuit Court Of Appeals Ruling Is A Big Win For Gun Rights

Filed under: 2nd Amendment,Positivity — Tom @ 5:55 am

From Bearing Arms (bolds are mine):

Posted at 5:15 pm on July 24, 2018

Two judges on a three-judge panel in the Ninth U.S. Circuit Court of Appeals in San Francisco ruled that the Second Amendment protects an individual’s right to open carry on Tuesday.

The ruling overturned a lower district court’s decision that stated George Young, a man from Hawaii, did not have his Second Amendment right violated when authorities twice denied him a permit to carry a firearm outside of his home.

The summary of the court opinion is as follows:

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.

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.

Go here for the rest one the column.

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