U.S. appeals court upholds right to carry gun in public - Kimber Forum


Go Back   Kimber Forum > Off Topic Area > Off-Topic Discussion Forum

Like Tree6Likes
  • 3 Post By Chuck43
  • 1 Post By Markie
  • 2 Post By Albert.Cairns
LinkBack Thread Tools Display Modes
Old 07-24-2018, 07:00 PM   #1
Super Moderator
Chuck43's Avatar
Join Date: Jul 2013
Location: Northern Illinois
Posts: 34,757
U.S. appeals court upholds right to carry gun in public

U.S. appeals court upholds right to carry gun in public

(Reuters) - A federal appeals court ruled on Tuesday that the U.S. Constitution’s 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.

The extent of the right to gun ownership is one of the most hotly contested debates in the United States, where mass shootings have become almost commonplace.

In a split two-to-three decision on Tuesday, the panel found Hawaii infringed on the rights of plaintiff George Young when it twice denied him a permit to carry a gun outside.

“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.”

The 9th Circuit had ruled in 2016 that the Second Amendment does not guarantee a right to carry concealed firearms in public in Peruta v. County of San Diego.

The U.S. Supreme Court declined to rule on that decision last year.
President Donald Trump, a vocal gun rights supporter, is seeking to fill a vacant Supreme Court seat and make the court more conservative, raising the prospect that it may take up more cases in coming years.

Alan Beck, a lawyer for the plaintiff in Tuesday’s ruling, said he believed the question about openly carrying firearms would eventually end up before the Supreme Court.

“I think the Supreme Court is receptive to this,” Beck said in a phone interview.

Attorneys for the state of Hawaii were not immediately available for comment.

Judge Richard Clifton dissented from Tuesday’s ruling, saying the Second Amendment does not preclude the sort of licensing rules used in Hawaii and elsewhere.

Laws on openly carrying firearms vary widely by state and type of gun. The most restrictive are California, which falls under the 9th Circuit’s jurisdiction, Florida, Illinois and the District of Columbia, which generally prohibit people from openly carrying any sort of firearm, according to the Giffords Law Center to Prevent Gun Violence, a nonprofit policy organization that favors greater gun control.

Hawaii is one of 15 states that requires a license or permit to openly carry a handgun, according to the center’s data.

In 2008, the U.S. Supreme Court ruled for the first time that the Second Amendment protects an individual right to keep guns at home for self-defense.

The Second Amendment was adopted in 1789 and reads: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
"The democracy will cease to exist when you take away from those who are willing to work and give to those who would not."-- Thomas Jefferson
Chuck43 is offline   Reply With Quote
Remove Ads
Old 07-24-2018, 07:12 PM   #2
Senior Member
Markie's Avatar
Join Date: Aug 2015
Location: Middle Tennessee
Posts: 1,588
Chuck, thanks for the posting, who knows what the future may bring.
Chuck43 likes this.
Retired and loving it.
Life Member of: VFW and the VHCMA
I am one of the Vietnam Vets
Participant of the Southeast Asia War Games, 1971.
Markie is offline   Reply With Quote
Old 07-24-2018, 07:15 PM   #3
Senior Member
Albert.Cairns's Avatar
Join Date: Mar 2015
Posts: 1,932
Yup, surprised the hell out of me. The 9th circus ( most over turned court in the country) take a stand on the 2nd amendment on our side? I'll take it, a little at a time until we don't need any stinking permits at all. We're getting there slowly a little at a time but can't give an inch to the lefties.
Jflytle and Cucamonga kid like this.
Albert.Cairns is offline   Reply With Quote

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
Pro Carry II, My New Carry Gun? stich Kimber Concealed Carry 14 11-06-2019 02:05 PM
Supreme Court Ruling: Police Have No Duty to Protect the General Public Chuck43 Off-Topic Discussion Forum 17 02-24-2018 05:19 PM
Image of gun owners ChattanoogaPhil Off-Topic Discussion Forum 40 02-21-2018 07:42 PM
Can China Beat the U.S. Without a Fight? OLE442 Off-Topic Discussion Forum 2 11-01-2017 08:18 PM
Trump picks Colo. appeals court judge Neil Gorsuch for Supreme Court Chuck43 Off-Topic Discussion Forum 6 02-01-2017 06:49 PM