..is not a right to bear arms in the Ninth Circuit
US Appeals court rules Americans don’t have right to open carry guns in public
On Wednesday, an en banc panel of the US Court of Appeals for the 9th Circuit ruled that the second amendment right to keep and bear arms does not citizens include the right to carry a firearm, either openly or concealed, in public.
The case is Young v. Hawaii. Hawaii doesn’t alllow any carry without a permits in the state are “may-issue-if-if-the-applicant-is-connected-or-makes-a-big-enough-campaign-donation. Young was neither. While the ruling is outrageous, it’s also consistent with the Ninth’s previously displayed contempt for the Constitution in Peruta v. County of San Diego.
I “love” this part, too.
The en banc court rejected Young’s argument that HRS
§ 134-9 is invalid as a prior restraint because it vests chiefs of police with unbridled discretion to determine whether a permit is issued. Joining its sister circuits, the en banc court held that the prior restraint doctrine does not apply to Second Amendment challenges to firearm-licensing laws.
In a futile appeal to sanity, dissenting judges pointed out one or two little problems with the majority ruling.
Dissenting, Judge O’Scannlain, joined by Judges
Callahan, Ikuta, and R. Nelson, would hold that both HRS
§ 134-9 and the 1997 County regulation destroy the core right to carry a gun for self-defense outside the home and are
unconstitutional under any level of scrutiny. Judge
O’Scannlain stated that the majority holds that while the
Second Amendment may guarantee the right to keep a
firearm for self-defense within one’s home, it provides no
right whatsoever to bear—i.e., to carry—that same firearm
for self-defense in any other place. In his view, the
majority’s decision undermines not only the Constitution’s
text, but also half a millennium of Anglo-American legal
history, the Supreme Court’s decisions in District of
Columbia v. Heller, 554 U.S. 570 (2008), and McDonald v.
City of Chicago, 561 U.S. 742 (2010), and the foundational
principles of American popular sovereignty itself.
I expect we’ll see this appealed to SCOTUS, where it will left to languish, until months later when denied cert. The blanket denial of the right to bear arms, will be used to support the Dem’s tidal weave of victim disarmament legislation.
