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RoyGBiv wrote: ↑Wed Jul 25, 2018 9:45 am

ELB wrote: ↑Wed Jul 25, 2018 9:33 amThe last four states on that list won't care so much, but Cali in particular will have a herd of cows if they have to allow open carry of loaded guns,

I believe the majority decision said that it's ok to ban concealed carry but you cannot also ban open carry, since banning both fails intermediate 2A scrutiny, making the of "bearing" arms impossible. The decision leaves open the "how" on the "bearing" of arms, so, if the affected states all had shall-issue concealed carry laws, I believe this ruling would be satisfied.

Better stated HERE and HERE.

sr4440 wrote: ↑Tue Jul 24, 2018 8:23 pm Who are these people and what have they done with the 9th Circuit Court??? I never would have expected the 9th to have such a profound attack of common sense in my life time!!


Joe

This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader.

Civil Rights

The panel reversed the district court’s dismissal of claims brought against the County of Hawaii, dismissed plaintiff’s appeal as to the State of Hawaii, and remanded, in plaintiff’s 42 U.S.C. § 1983 action alleging that the denial of his application for a handgun license violated his Second Amendment right to carry a loaded firearm in public for self-defense.

The County of Hawaii’s Chief of Police denied plaintiff’s application to carry a handgun because he failed to satisfy Hawaii’s licensing requirements, as set forth in section 134-9 of the Hawaii Revised Statutes. Section 134-9 acts as a limited exception to the State of Hawaii’s "Place[s] to Keep" statutes, which generally require that gun owners keep their firearms at their "place of business, residence, or sojourn." H.R.S. §§ 134-23, 134-24, 134-25. The exception allows citizens to obtain a license to carry a loaded handgun in public, either concealed or openly, under certain circumstances. Plaintiff alleged that the County violated the Second Amendment by enforcing against him the State’s limitations in section 134-9 on the open carry of firearms to those "engaged in the protection of life and property" and on the concealed carry of firearms to those who can demonstrate an "exceptional case."

The panel acknowledged that while the concealed carry of firearms categorically falls outside Second Amendment protection,
see Peruta v. County of San Diego, 824 F.3d 919, 939 (2016) (en banc), it was satisfied that the Second Amendment encompasses a right to carry a firearm openly in public for self-defense. 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.

In determining the appropriate level of scrutiny to apply to section 134-9, the panel first held that the right to carry a firearm openly for self-defense falls within the core of 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.

Dissenting, Judge Clifton stated the majority opinion disregarded the fact that states and territories in a variety of regions have long allowed for extensive regulations of and limitations on the public carry of firearms. Judge Clifton wrote that such regulations are presumptively lawful

(Reuters) - A federal appeals court ruled on Tuesday that the U.S. Constitution’s Second Amendment protects a 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 decision did not change the court’s earlier ruling that the Second Amendment does not guarantee a right to carry concealed firearms in public.