9th Circuit Ruling on Open Carry Laws: Read It For Yourself
This will no doubt be appealed to SCOTUS, but the 9th Circuit has ruled that states can restrict the open carry of firearms without violating the 2nd Amendment.
A divided federal appeals court, upholding a Hawaii gun regulation, decided Wednesday that states may restrict the open carrying of guns in public.
In a 7-4 decision, an en banc panel of the U.S. 9th Circuit Court of Appeals said restrictions on carrying guns in public except for hunting do not violate the 2nd Amendment’s guarantee of the right to bear arms.
“The government may regulate, and even prohibit, in public places — including government buildings, churches, schools, and markets — the open carrying of small arms capable of being concealed, whether they are carried concealed or openly,” Judge Jay Bybee, appointed by President George W. Bush, wrote for the majority.
He said a review of more than 700 years of American and English law showed that government has long had the power to regulate arms in public places.
“We have never assumed that individuals have an unfettered right to carry weapons in public spaces,” Bybee wrote. “Indeed, we can find no general right to carry arms into the public square for self defense.”
Bybee was joined by another Bush appointee and five Democratic appointees.
The decision upheld a county law in Hawaii that limited permits for openly carrying guns, other than for hunting, to persons with an urgent need for arms and “engaged in the protection of life and property.”
It was challenged by a man who sought and was denied a permit for open carry for self-protection. Evidence during the legal proceedings revealed that the county’s permits had been limited to security guards.
Wednesday’s decision overturned a 2-1 ruling in the same case a year ago by a 9th Circuit panel.
Read the whole ruling for yourself here:open carry