George K. Young, Jr., Plaintiff-Appellant v State of Hawaii, et al, Defendants-Appellees (9th Circuit)

Politics Second Amendment
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Case name is George K. Young, Jr., Plaintiff-Appellant v State of Hawaii, et al, Defendants-Appellees.

Link above is to the decision and dissent by the three Judge 9th Circuit panel, sitting at Honolulu.

Opinion is by Senior United States Circuit Judge O’Scannlain, joined by United States Circuit Judge Sandra S. Ikuta. Dissent is by Senior United States Circuit Judge Richard R. Clifton.

The Ninth Circuit panel reversed the judgement of the District Court and finds that there is a right to openly carry under the Second Amendment and the State of Hawaii must grant the applicants license to do so.

This is a published, precedential decision and therefore this could go to en banc review.

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Nobody in Hawaii has a valid carry permit according to my sources.

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If this decision stands, hopefully some will soon.

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In light of Heller and MacDonald I see no way it cannot.

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Lower courts have been ignoring both since they were signed.

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No question about that but when it works it’s way up there’s no way it survives if it’s overturned by the 9th.

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@Safiel

There is some thought that this ruling affirms the right to bear a loaded firearm in public for self defense. Do you see it that way?

…it was satisfied that the Second
Amendment encompasses a right to carry a firearm openly in public for self-defense.

Judge Scannlain for the majority

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Seems pretty plain to me. This is the reason I think it will go en banc. They aren’t going to stand for this.

The interesting part to me is the panel saying “concealed carry falls outside of the scope of the 2nd Amendment”.

Such focus on a dress code. As if a t-shirt makes a difference. Open carry drives soccer moms and beta males apoplectic.

It doesn’t really matter to me, I can do it either way, but I prefer open - my guns are pretty. :sunglasses:

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This decision is more important than I originally thought.

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Shocking that the 9th circuit got it right. Must be like that stopped clock which is right twice a day.

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It will be interesting to see what happens next. Also interesting the reference to Peruta.

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Somebody go get me some libs. I’m thirsty and a glass of lib tears would go down good.

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So, has Hawaii issued Mr. Young his permit yet?

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@biggestal99

Allan, coming soon to a courtroom near you…

#OPENCARRYJERSEY!

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You libs are ruining my Hannity.com experience!

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In determining the appropriate level of scrutiny to apply to section 134-9, the panel first held that the right to carry a firearm openly for self-defense falls within the core of the Second Amendment.

The core. Uh oh.

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There’s a substantial body of federal court and SCOTUS decisions also affirming concealed carry as a right so they haven’t got a leg to stand on.

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Not one lib?

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This is what Scalia should have written in Heller.

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Scala was far from perfect.