Surprising 9th Circuit Hawaii Carry Decision
By Tim Brown. July 26th, 2018
Yes, the circuit court known to be one of the most liberal in the country ruled that the right to keep and bear arms in public is protected under the Second Amendment.
The ruling struck down a lower court's ruling that the Constitution only protects the right to keep and bear arms at home.
"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 ruling stated.
The ruling overturned Hawaii's overstepping of its bounds of authority by regulating possession of guns outside the home.
The three judge panel, in a 2-1 decision on Tuesday, ruled that Hawaii had infringed on the rights of plaintiff George Young protected under the Second Amendment because they denied him a permit that the state requires to open carry in public.
"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."
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Certainly surprising, knowing the 9th circuit's reputation but nevertheless an encouraging result. That said, there is little doubt this might progress up the court system and possibly yet be overturned. There should not of course even be a need for court intervention on the subject of the Second Amendment, whereby the "shall not be infringed" mantra is absolute and the innate right of self defense should not even be challenged. It is long past time that Hawaii, among several other states, should wake up to people's rights.
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