U.S. Ninth Circuit Court Upholds Right to Carry

by
posted on July 26, 2018
gunsite-academy-concealed-carry-f.jpg (1)

The U.S. Ninth Circuit Court of Appeals—based in San Francisco, CA—issued a ruling on July 24, 2018, that open carry for self-defense is a right guaranteed by the Second Amendment. Five other federal courts have issued similar decisions, leading Reuters News service to speculate the issue may be headed to the U.S. Supreme Court, where gun rights haven’t been argued since 2010.

“This is a critical issue for law-abiding gun owners who want to exercise their right to self-defense outside the home,” said Chris W. Cox, executive director, NRA-ILA. “The Second Amendment clearly protects the right to bear arms in public.”

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.”

Latest

silver 1911 facing right
silver 1911 facing right

First Look: Kimber Rapide Dawn & Scorpius 1911 Pistols

Kimber recently introduced two new models of 1911s, the Dawn & Scorpius, to the Rapide family. 

First Look: MasterPiece Arms DS9 Commander Pistol

MasterPiece Arms (MPA) is known for making high-performance pistols, chassis systems and bolt-action rifles, and now the company is adding the new MPA DS9 Commander to the wide-body, double-stack 1911 pistol lineup.

Why Lightweight Carbines Are a Game Changer

Technology and demand are driving a light-rifle trend that shows no signs of slowing down. Purpose-built, flyweight guns are a dream to carry and shoot, but the additional machining, exotic materials and manufacturing methods that can bring something like an AR rifle down to 4.5 pounds make it expensive.

Black Friday Bonanza

If you’d rather visit the dentist than attend the annual Black Friday stampede, Shooting Illustrated has a solution for all your holiday shopping needs.

I Carry: Springfield Armory SA-35 Pistol in a Galco Holster

In today's episode of "I Carry," we have the brand-new Springfield Armory SA-35 9 mm pistol carried in a Galco Summer Comfort holster along with Mec-Gar and ProMag magazines.

2021 Holiday Gift Guide: Outdoors

Check out these gun-related products for that firearm-enthusiast friend or loved one. Whether he or she spends time at the range, tinkering with their guns in the shop, in their special space at home, whipping up food and drink in the kitchen, driving to or from work or in the outdoors, we’ve got you covered this holiday season, no matter your budget.

Interests



Get the best of Shooting Illustrated delivered to your inbox.