Young v. Hawaii, a Ninth Circuit panel holds by a 2-to-1 vote (Judge Diarmuid O'Scannlain, joined by Judge Sandra Ikuta, with Judge Robert Clifton dissenting) that the Second Amendment secures a right to carry guns openly in public places. Though the Ninth Circuit had earlier resolved in Peruta v. County of San Diego (en banc) that the Second Amendment doesn't secure a right to concealed carry -- as D.C. v. Heller had earlier suggested, in reliance on 19th-century cases that had generally rejected a right to concealed carry -- the panel concludes (also citing Heller and 19th-century sources) that there is a right to open carry, so as to be able to defend oneself in public places as well.
The Supreme Court has stated that carrying can be banned in some "sensitive places such as schools and government buildings," so any right to carry would not be unlimited; but it would apply to carrying a gun in one's car, on most streets, and the like. The court also leaves open the possibility that the underlying right is just a right to some form of carry, so that a state may choose whether to allow open carry or concealed carry (or both, of course), but may not ban both and thus makes guns available to most citizens for self-defense in public places.
It is of course quite possible that the case will be reheard en banc, which is what happened with Peruta (where the panel decision came out in favor of protecting a right to carry). But if the case isn't reheard en banc, or the panel decision is affirmed on en banc rehearing, then the case may well go up to the Supreme Court, since this decision reinforces a split among the circuits on the subject.
Excerpt from Reason
RTR TRUTH MEDIA -As we see in the video above, the main stream media has little to no Constitutional understanding. They report on the recent case that upholds the restriction upon the government not to infringe on the right to keep and bear arms, but misreports the essence of the 2nd Amendment. The court can not determine that the 2nd Amendment gives us anything but the restriction upon government as to where they may not tread on a free people. There is no such thing as 2nd Amendment rights. The 2nd Amendment only secures this right the Founders said was inherent, which means these rights existed prior to the Constitution's ratification. To say otherwise is disinformation. That being said this decision appears to "respect" the 2nd Amendment.
9th Circuit Court of Appeals Decision - Upholding the Right to Keep and Bear Arms in Public - Young v. Hawa... by Tom Lacovara-Stewart RTR TruthMedia on Scribd
FOX NEWS -
The liberal Ninth Circuit Court of Appeals endorsed the right of individuals to carry firearms in public in a ruling Tuesday, striking down a lower court argument that the Constitution only protects that right at home.
“Analyzing the text of the Second Amendment and reviewing the relevant history, including founding-era treatises and nineteenth century case law, the panel stated that it was unpersuaded by the county’s and the state’s argument that the Second Amendment only has force within the home,” the ruling states.
The case resulted from Hawaii resident George Young being denied twice in 2011 as he sought to carry a handgun. Two of the three judges -- who were both appointed by Republican presidents -- ruled against a lower court upholding the restriction.
Judge Diarmuid O’Scannlain wrote in his opinion that “for better or for worse, the Second Amendment does protect a right to carry a firearm in public for self-defense.”
In his dissent, Judge Richard Clifton said states have “long allowed for extensive regulations of and limitations on the public carry of firearms,” the order said.
"We are disappointed in the decision that would undermine Hawaii’s strong gun control law and our commitment to protect the public,” Hawaii Attorney General Russell Suzuki said in a statement. “But we note that Judge Clifton filed a well-reasoned dissent supporting the constitutionality of this law. We intend to consult with Hawai‘i County and work with them on further action."
It’s the second time this month that the three-judge panel issued a pro-Second Amendment decision, after backing a lower court’s decision last week to suspend California’s ban on the possession of large magazines.
This is how Fox News publishes the 2nd Amendment incorrectly: The Second Amendment states: “A well-regulated militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
James Madison, was not such a person as to abuse grammar rules and, like his predecessors in Jefferson and Franklin, he was rather specific and exercised practiced intent in how he phrased his statements — especially for documents of such import.
The actual text that was was read and approved and signed into law by the House of Representatives and the Senate, only included a single comma:
This is the correct version of the 2nd Amendment:
“A well-regulated militia being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.”
The commas mean something.... and accuracy is essential. So why does Fox News and nearly all other main stream media corporations get it consistently wrong? You be the judge.
- RTR Truth Media
Activists, supported by the National Rifle Association, have argued that the state's ban on ownership of magazines holding 10 bullets or more is unconstitutional. They won a preliminary injunction by a San Diego district court last year, and a three-judge panel on the Ninth Circuit backed that injunction last week.
Based in San Francisco, the Ninth Circuit has a reputation for being one of the nation's most liberal courts. Critics have branded the court the “Nutty 9th” or the “9th Circus,” in part because many of its rulings have been overturned by the U.S. Supreme Court. This includes an infamous 2002 ruling that the Pledge of Allegiance is unconstitutional because of its use of the phrase “under God.”
Republicans have been working to fill vacancies with conservatives, but suffered a setback last week when the White House withdrew the nomination of Ryan Bounds for the Ninth Circuit after realizing it did not have the necessary support in the Senate. He faced criticism over past college writings.
Fox News' Bill Mears, Adam Shaw, Barnini Chakraborty contributed to this report.
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