March 24, 2021 Ryan Morgan
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.â€
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.â€
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.â€
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