A civil rights victory
A federal appeals court ruled on Tuesday that the U.S. Constitutions 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.
Yes, it’s the ninth circuit and not the full court. I don’t expect it to last. Small victories, though.
July 24th, 2018 at 7:16 pm
Incredible! And pleasantly surprising! The liberal 9th circuit actually made a classically liberal (instead of leftist) ruling according to the actual grammatical construction of the 2nd Amendment sentence upholding a declared right of the People.
July 24th, 2018 at 7:34 pm
Judge O’Scannlain (sp?) sounds familiar, this sounds like his chance to overrule having been overruled in Peruta.
And he’s a Senior judge, which means he’s semi-retired but still working to relieve excess caseload.
July 25th, 2018 at 4:30 am
Awesome! The victories we need.
July 25th, 2018 at 10:28 am
As Ron said, this is a surprise from the 9th Circuit. If Kavanaugh gets confirmed, it may even survive SCOTUS review.
July 25th, 2018 at 1:27 pm
They were told to rule that way. They want AntiFa/Communists/Socialists/whomever to be able to carry when they decide to hot-start Civil-War-II.
And my friends say I’m a pessimist. I don’t get them …
July 25th, 2018 at 2:12 pm
@Mike Voncannon, yes, IF there are five justices who can read and apply the basic rules of English grammar to the Constitution and its Bill of Rights–as Kavanaugh seems inclined to do.
July 25th, 2018 at 2:31 pm
Unfortunately, since the Parkland shooting, 26 states have passed 55 gun control measures. Like the frog in slow boiling water, they are pushing and pushing, and victories such as this are nothing more than a distraction as their goal is being achieved piece by piece.
Kavanaugh is certainly a supporter of the 2nd amendment today, but what is to stop him from changing his mind once put on a the SCOTUS? He already looks at the 4th amendment as a security for government privacy, not the individual, so one might ask how much of a push would t be for him to one day see the right as a government right as well?
July 25th, 2018 at 4:28 pm
The problem is, the county (Hawaii) requires you get an “open carry” permit. They issue to security (very few) and not private owners.This ruling won’t change anything, they do what they want here. This has taken 6 years, and it will never be allowed due to the 1 party make-up of local politics.
July 25th, 2018 at 7:34 pm
“He already looks at the 4th amendment as a security for government privacy, not the individual, so one might ask how much of a push would t be for him to one day see the right as a government right as well?” –blounttruth
A very basic Constitutional truth is that only the People have rights. The government, its officials and agents in their employed duties, has NO rights, but operates UNDER delegated powers. Assigning a right to the government is a total contradiction.