Posted on 03/24/2021 1:44:38 PM PDT by PROCON
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 court issued the ruling in the case of George Young Jr. V Hawaii, a lawsuit challenging a Hawaii firearm licensing law, which states residents seeking license to openly carry a firearm in public must demonstrate “the urgency or the need” to carry a firearm, must be of good moral character, and must be “engaged in the protection of life and property.” The court said, “There is no right to carry arms openly in public; nor is any such right within the scope of the Second Amendment.”
The majority opinion also states “we can find no general right to carry arms into the public square for self-defense.” The majority further argued that the second amendment applies to the “defense of hearth and home” and “the power of the government to regulate carrying arms in the public square does not infringe in any way on the right of an individual to defend his home or business.”
The majority ruled opinion covers Hawaii’s law regarding open carrying a firearm and the court further states, “We have previously held that individuals do not have a Second Amendment right to carry concealed weapons in public” meaning they believe no right to carry a firearm in any capacity in public exists.
Four judges dissented from the majority decision in two different dissenting opinions. In one of the dissenting opinions, three judges argued, “The majority’s suggestion that the values of federalism somehow preclude the Second Amendment from guaranteeing an individual right to carry arms for self-defense in the public square is fundamentally misguided” adding, “Hawaii’s severe deprivation of the core right to carry a firearm in public can only be understood as amounting to a total destruction of such right.”
Responding to the decision, the National Rifle Association tweeted, “BREAKING: The US Court of Appeals for the 9th Circuit just ruled that THERE IS NO RIGHT TO CARRY – either openly or concealed in public. This ruling impacts RTC laws in AK, HI, CA, AZ, OR, WA, & MT. This was not an NRA case but we are exploring all options to rectify this.”
The appeals court’s en banc decision could be appealed to the U.S. Supreme Court, though the Supreme Court has not heard a second amendment case in more than ten years. In April of 2020, the Supreme Court declined to hear a case regarding a rescinded New York City rule that prohibited residents from transporting firearms to shooting ranges, competitions and even their secondary residences outside of the city.
Don’t have a clue.
Those who refuse to uphold their oaths of office, which includes defending the Constitution of the U.S. should be immediately dismissed from office as soon as shown to be guilty, never to again serve in any public office. If this was carried out as it should be, can you just imagine what it would do to clean up the mess we have in government today? Of course, some of these folks might “disappear”as soon as they hit the streets.
As per usual our leftist black robed rulers have intentionally, deliberately twisted and subverted the raison d’être of the Second Amendment which mentions nothing about ‘defense of hearth and home’.
“LaPierre and his buddies purged a lot of the NRA’s staunchest 2A defenders recently when they questioned his spending.”
Typical behavior of a bureaucracy that encourages open communication designed only to target those that speak up with termination.
“Those who refuse to uphold their oaths of office, which includes defending the Constitution of the U.S. should be immediately dismissed from office as soon as shown to be guilty, never to again serve in any public office. If this was carried out as it should be, can you just imagine what it would do to clean up the mess we have in government today? Of course, some of these folks might “disappear”as soon as they hit the streets.”
Good luck finding someone to prosecute said oath violation then a smart enough jury to convict.
Yes it does because otherwise, it’s infringing on our rights to keep and BEAR arms.
Licking their wounds
This ruling means that “concealed carry” is useless.
Sorry Judge. You are one person; don’t know if you were elected or not. But that law was made by the branch of government that is intended to enact laws.
Good for them. I never joined the NRA, though I believe in the organization’s 2A position and work that I thought was being done.
Oh, wait! Now I see that it’s the Ninth Circuit...
Explains the decision.
Juvenal - AD 100
At every point in human history people only enjoy the freedom’s they’re willing to fight and die for
Texas is going to tell the federal government to pound sand. We are going to nullify ALL federal gun laws including the NFA and GCA.
So the foreign weirdo 9th Circuit near the west coast says that our right to bear arms doesn’t include the right to bear arms. Such a surprise. ;)
“Interesting, 3 of the states have Constitutional Carry laws.”
A lot more than 3 states have constitutional carry laws.
“It does not say you can’t.”
Exactly the whole point. You cut to the chase nicely.
Yes but this is the thing. The left manages to get these issues to the SC and while many are shot down, eventually it will stick. It could be this time.
Michigan?
Week is only half gone, check back with your Governor next Sunday>.
LOL
Check back for what? The gov has no say so over what the state constitution regarding our 2nd Amendment allows us.
Where did that come from?........Sheesh!
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