9th Circuit panel finds a constitutional right to openly carry a gun, distinguishes en banc decision

Second Amendment

- 9th Circuit panel finds a constitutional right to openly carry a gun, distinguishes en banc decision

zimmytws/Shutterstock.com.

A federal appeals court ruled Tuesday in a 2-1 decision that the Second Amendment protects the right to openly carry a gun for self-defense outside of the home.

The San Francisco-based 9th U.S. Circuit Court of Appeals ruled in the case of a Hawaii man, George Young, who was twice denied a license to carry a handgun, report Reuters and a series of tweets by South Texas College of Law professor Josh Blackman. The case is Young v. Hawaii.

In an opinion by Judge Diarmuid O’Scannlain, the 9th Circuit majority said the Second Amendment’s right to bear as well as keep arms “implies some level of public carry in case of confrontation.”

“In sum, we reject a cramped reading of the Second Amendment that renders to ‘keep’ and to ‘bear’ unequal guarantees.” O’Scannlain said.

O’Scannlain also said the U.S. Supreme Court implied the right exists in public in its two decisions protecting the right to own handguns within the home, District of Columbia v. Heller and McDonald v. City of Chicago. In both decisions the court spoke of the right of self-defense being most acute and most notable within the home, “implying that the right exists, perhaps less acutely, outside the home,” O’Scannlain said.

O’Scannlain distinguished a 2016 en banc decision by the 9th Circuit on Second Amendment protections for guns outside the home. The prior decision, Peruta v. County of San Diego, held that the Second Amendment does not protect a right to carry a concealed weapon but did not address whether the Second Amendment protects a right to open carry, O’Scannlain said.

READ  Judge on top New York court, the first female Muslim judge in the US, is found dead in Hudson River

The U.S. Supreme Court refused to hear Peruta in June 2017, prompting a dissent by Justice Clarence Thomas, joined by Justice Neil M. Gorsuch. “I find it extremely improbable that the framers understood the Second Amendment to protect little more than carrying a gun from the bedroom to the kitchen,” Thomas wrote.


Be Sociable, Share!
FacebooktwitterredditpinterestlinkedintumblrFacebooktwitterredditpinterestlinkedintumblr

Follow Us!
FacebooktwitterpinterestlinkedinyoutubeFacebooktwitterpinterestlinkedinyoutube

Author: Edward Lott

Edward Lott, Ph.D., M.B.A. is president and managing partner of Allentown-based ForLawFirmsOnly Marketing, Inc., a local search and digital marketing agency that offers clients lead generation, local seo and Google Maps Domination. Ed has been a digital entrepreneur since 1994, having discovered very early the opportunities the Internet offered. After having spent over two decades helping attorneys grow their practice, Ed joined the staff of ForLawFirmsOnly Marketing as President and Managing Partner, where he is expanding the agency’s cutting-edge services to the legal market. A true marketing futurist, Ed's vast experience working directly with attorneys has given him a unique perspective on law firm marketing not found in many other digital marketing agencies. Ed has reshaped the offerings of ForLawFirmsOnly to focus on growing law firms through a holistic approach to digital marketing evident in the reformulated lead generation processes now in place. Want to learn more about ForLawFirmsOnly Marketing, their lead generation programs, or just talk to Ed about his visions for helping law firms grow? Call him at 855-943-8736.

Scroll Up