Appeals Court: Hawaii Can’t Restrict Openly Carrying A Gun In Public
If the ruling stands, the 9th U.S. Circuit Court of Appeals ruling could lead to more guns in public in states like Hawaii and California that have restrictive laws.
LOS ANGELES (AP) — A federal appeals court ruled Tuesday that the Second Amendment protects the right to openly carry a gun in public for self-defense.
The 9th U.S. Circuit Court of Appeals ruled 2-1 that Hawaii officials had violated George Young’s rights when he was denied a permit to openly carry a loaded gun in public to protect himself.
The decision reversed a lower court ruling that sided with officials who said the amendment only applied to guns kept in homes.
“We do not take lightly the problem of gun violence, which the State of Hawaii ‘has understandably sought to fight,'” Judge Diarmuid O’Scannlain wrote. “But, for better or for worse, the Second Amendment does protect a right to carry a firearm in public for self-defense.”
If the ruling stands, it could lead to more guns in public in the few western states under 9th Circuit jurisdiction where they are currently restricted.
“States like Hawaii and California will have to allow far more guns on the streets than they do today,” said Adam Winkler, a law professor at the University of California, Los Angeles. “States would be able to ban concealed carry but only if they allow people to carry their guns openly displayed.
Hawaii Attorney General Russell Suzuki said his office was “disappointed” in the 9th Circuit decision because he believes it undermines the state’s strong gun control law. “We intend to consult with Hawaii County and work with them on further action,” he said in a statement released Tuesday.
Winkler, however, expects the decision to be appealed to a full panel of the San Francisco-based court.
Tuesday’s ruling comes two years after a full panel of the 9th Circuit ruled that there’s no right to carry concealed guns in public. That June 2016 ruling struck down a 2-1 panel opinion that was also written by O’Scannlain.
Hawaii Rifle Association President Harvey Gerwig praised the appeals court decision.
“I’m delighted,” Gerwig said. “This is good news. It’s finally coming to a head and our rights may resurface.”
Gun rights is one of the most hotly debated issues in U.S. political and legal circles with any loosening or restriction of access to guns often leading to a court battle. The U.S. Supreme Court has shied away from the issue in recent years, turning away challenges to gun restrictions after striking down gun ownership bans in the District of Columbia and Chicago in 2008 and 2010.
Judge Richard Clifton suggested in his dissent that the Supreme Court will inevitably have to weigh in on the issue because several conflicting appeals decisions now show “there is no single voice on this question.”
Clifton, who like the other judges on the panel was nominated to the court by a Republican president, criticized the majority for going “astray in several respects” and disregarding that states such as Hawaii have long regulated and limited the public carrying of guns, which he said did not undermine the core of the Second Amendment.
Calls seeking comment from the police chief and a lawyer for the County of Hawaii were not immediately returned.
Civil Beat reporter Terri Langford contributed to this report
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