Expected: Hawaii Files For Ninth Circuit En Banc Ruling On Right To Bear Arms

Ammoland ^ | 18 September, 2018 | Dean Weingarten

[marktwain]

On 24 July, 2018, a three-judge panel of the Ninth Circuit upheld the right to bear arms outside the home. As expected, the State of Hawaii waited until the last possible day, then filed a petition for the Ninth Circuit to hear the case en banc, that is, by the whole court.

Because the Ninth Circuit is so large and awkward [President Trump should break this court up] compared to other circuits, an en banc hearing of the Ninth involves 11 judges chosen at random, out of the 23 or 24 judges (depending on confirmation hearings) on the Ninth Circuit.

In the closely linked case of Peruta, the Ninth Circuit granted an en banc hearing of the case. The process took about 18 months.

In the Peruta case, a request for an en banc hearing was denied in November of 2014. Then a judge on the Ninth Circuit called for an en banc vote anyway.  The the vote for an en banc hearing was announced on 26 March, 2015. Oral arguments were heard on 16 June 2015.  On June 10th, 2016, the Ninth Circuit, en banc, reversed the ruling of the three-judge panel on Peruta and narrowly found there was no right to carry arms concealed outside the home. The case was appealed to the Supreme Court, which refused to grant certiorari.

In Young v. State of Hawaii, the case rules only on permits for open carry, as the precedent of Peruta foreclosed a right to concealed carry in the Ninth Circuit.

[marktwain]

When Judge Kavanaugh becomes Justice Kavanaugh of the Supreme Court, the enforcement of the Second Amendment right to bear arms becomes a serious possibility.

[riverrunner]

Typical denial of rights by process.

When it comes to the 2nd this has become the anti’s favorite tactic.

[ThePatriotsFlag]

So, in Hawaii, concealed carry is legal, they are fighting for open carry. Correct?

[BobL]

Wouldn’t it be wonderful if this becomes Kavanaugh’s first case, and just because Hawaii dragged it out.

[SauronOfMordor]

Hawaii is not a Shall Issue jurisdiction.

[SkyPilot]

Dear Liberals, Marxists, Communists, Socialists, and Traitors,

THIS is defined in the Constitution as an inalienable, individual right:

THIS is not:

[exnavy]

Actually, the preplaned killing of a human being is defined as 1st degree murder, and carries a penalty of life in prison or death, in every state in the United States.

[School of Rational Thought]

You too? Then I just skipped to the byline and identified the writer. Then I just stopped reading.

[marktwain]

So, in Hawaii, concealed carry is legal, they are fighting for open carry. Correct?

No. No Second Amendment protection for concealed carry in the Ninth Circuit because of the Peruta decision. So the Judge wrote, as concealed carry is not protected, then open carry must be protected, for the Second Amendment to mean something.

[Reno89519]

Yes, allow open or concealed. Currently basically neither are allowed. We need a supreme court ruling to reaffirm our 2nd amendment rights and reign in these appeals court and more local decisions and laws that ignore or violate our 2nd amendment rights.

[lurk]

23 judges on one court. That’s more like a parliament. Time to split it and appoint originalists.

[zeugma]

Apparently the state of Hawaii thinks there are enough constitutional illiterates on the Ninth circuit to overturn this well reasoned opinion. I converted the PDF of the original decision into HTML for easy reading for those interested. Enjoy!