U.S. Appeals Court: Second Amendment Protects Right To Carry Gun In Public For Self-Defense

[txradioguy]

On Tuesday, the 9th U.S. Circuit Court of Appeals ruled that the Second Amendment protects a right to openly carry a gun in public for self-defense.
That ruling was a reversal of a decision by the U.S. District Court in Hawaii, which had ruled that state officials did not infringe on a citizen’s rights when they twice denied him a permit to carry a gun outside.

Two of the three 9th Circuit judges agreed to reverse the decision by the district court; Judge Diarmuid O’Scannlain wrote, “We do not take lightly the problem of gun violence. But, for better or for worse, the Second Amendment does protect a right to carry a firearm in public for self-defense.”

The majority opinion stated:

The panel acknowledged that while the concealed carry of firearms categorically falls outside Second Amendment protection, see Peruta v. County of San Diego, it was satisfied that the Second Amendment encompasses a right to carry a firearm openly in public for self-defense. 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 panel stated that once identified as an individual right focused on self-defense, the right to bear arms must guarantee some right to self-defense in public.

The opinion added:

We are not the first circuit to grapple with how far, and to what extent, the Second Amendment applies outside the home. Two circuits, looking closely at the text and history of the Amendment, have held that the Second Amendment indeed protects a general right to carry firearms in public for self-defense. See Wrenn v. District of Columbia, Moore v. Madigan.

The right to keep guns at home, derived from the Second Amendment, was upheld by the United States Supreme Court in the 2008 case District of Columbia v. Heller.

https://www.dailywire.com/news/33502/us-appeals-court-second-amendment-protects-right-hank-berrien

[endicom]

Townhall
Matt Vespa
July 24, 2018

The Ninth Circuit is one of the most liberal courts, and the one that gave the Trump White House heartburn over its executive order on immigration. But even a blind squirrel finds a nut. This court recently ruled that we have a constitutional right to open carry in public for self-defense (via Reuters):

The 9th Circuit’s decision in Young v State of Hawaii can be found here: https://t.co/FVL9Vziq8u

The big takeaway is that states must allow for some form of carrying arms for self-defense for the average citizen or violate the Constitutional rights of their residents. pic.twitter.com/mDC2nDhAbX

— Cam Edwards (@CamEdwards) July 24, 2018

More... https://townhall.com/tipsheet/mattvespa/2018/07/24/whoa-ninth-circuit-rules-we-have-a-right-to-open-carry-n2503244

[Bigun]

From the 9th circuit?  Knock me over with a feather!

[txradioguy]

From the 9th circuit?  Knock me over with a feather!

@Bigun

That's twice now in the last week they've made Constitutionally sound decisions where the 2nd Amendment is concerned.

[Bigun]

@Bigun

That's twice now in the last week they've made Constitutionally sound decisions where the 2nd Amendment is concerned.

Maybe they can read the tea leaves on this subject.

[andy58-in-nh]

Maybe they can read the tea leaves on this subject.

I am gratified that they can apparently read the Constitution.

[skeeter]

@Bigun

That's twice now in the last week they've made Constitutionally sound decisions where the 2nd Amendment is concerned.

I think they're trying to flush us out.

I'm half kidding.

[Cyber Liberty]

If these decisions were by three Judge panels, the Ninth Circus could still rule against the gun owners en banc.