A federal appeals court in California has ruled that Americans have a Constitutional right to carry firearms for self-defense outside their home, shutting down a ruling by a district court in Hawaii that barred a man from carrying his firearm outside his home.
On Tuesday, the Court of Appeals for the 9th Circuit rejected a claim from Hawaii officials that the right to keep and bear arms only applies to people inside their own homes.
According to The Hill:
The ruling was issued by a three-judge panel on the court and came about a year after the Supreme Court decided not to rule on the case.
Two of the three judges on the 9th Circuit voted to reverse a decision by the U.S. District Court in Hawaii that said officials did not infringe on the rights of George Young — the plaintiff who was twice denied a permit to carry a gun in public.
“We do not take lightly the problem of gun violence,” Judge Diarmuid O’Scannlain wrote in Tuesday’s ruling. “But, for better or for worse, the Second Amendment does protect a right to carry a firearm in public for self-defense.”
The court said in the ruling that it acknowledged that the Second Amendment does not guarantee a right to carry concealed firearms in public.
Even the very liberal 9th Circuit wouldn’t undercut the Constitution here.
This is yet another court victory that affirms that our Second Amendment right is an individual’s right, not the collective right of some shadowy “militia.”
The plaintiff, George Young, sued Hawaii for twice denying him a concealed carry permit. Hawaii is a “may issue” state for concealed carry permits meaning that the state can deny permits for any reason or no reason. All the state has to do is say “no” and that is the end of that. In other words, Hawaii citizens don’t really have any Second Amendment rights unless the state says they are allowed to have them.
During the recent case, the attorney arguing on behalf of the state of Hawaii made himself look silly, so his failed arguments didn’t help Hawaii keep intact its practice of quashing the Second Amendment.
Another great win for the individual right to keep and bear arms!