- Tue Jul 24, 2018 5:16 pm
#105717
Appeals court: 2nd Amendment protects open carry of guns
LOS ANGELES — A federal appeals court ruled Tuesday that the Second Amendment protects the right to openly carry a gun in public for self-defense.
The 9th U.S. Circuit Court of Appeals ruled 2-1 that Hawaii officials had violated George Young’s rights when he was denied a permit to openly carry a loaded gun in public to protect himself.
The decision reversed a lower court ruling that sided with officials who said the amendment only applied to guns kept in homes.
“We do not take lightly the problem of gun violence, which the State of Hawaii ‘has understandably sought to fight,’” Judge Diarmuid O’Scannlain wrote. “But, for better or for worse, the Second Amendment does protect a right to carry a firearm in public for self-defense.”
If the ruling stands, it could lead to more guns in public in the few western states under 9th Circuit jurisdiction where they are currently restricted.
“States like Hawaii and California will have to allow far more guns on the streets than they do today,” said Adam Winkler, a law professor at the University of California, Los Angeles. “States would be able to ban concealed carry but only if they allow people to carry their guns openly displayed.”
https://www.washingtonpost.com/national ... ca4e8770fd" onclick="window.open(this.href);return false;
LOS ANGELES — A federal appeals court ruled Tuesday that the Second Amendment protects the right to openly carry a gun in public for self-defense.
The 9th U.S. Circuit Court of Appeals ruled 2-1 that Hawaii officials had violated George Young’s rights when he was denied a permit to openly carry a loaded gun in public to protect himself.
The decision reversed a lower court ruling that sided with officials who said the amendment only applied to guns kept in homes.
“We do not take lightly the problem of gun violence, which the State of Hawaii ‘has understandably sought to fight,’” Judge Diarmuid O’Scannlain wrote. “But, for better or for worse, the Second Amendment does protect a right to carry a firearm in public for self-defense.”
If the ruling stands, it could lead to more guns in public in the few western states under 9th Circuit jurisdiction where they are currently restricted.
“States like Hawaii and California will have to allow far more guns on the streets than they do today,” said Adam Winkler, a law professor at the University of California, Los Angeles. “States would be able to ban concealed carry but only if they allow people to carry their guns openly displayed.”
https://www.washingtonpost.com/national ... ca4e8770fd" onclick="window.open(this.href);return false;
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