Panel Of Judges On The Ninth Circuit Concludes That Hawaii’s Ban On Open Carry Is Unconstitutional

Didn’t see this coming.

On Tuesday, a panel of judges on the Ninth Circuit ruled that Hawaii’s ban on open carry is unconstitutional. Vietnam vet George Young filed a lawsuit against the state after it refused to issue him a gun-carry permit back in 2011.

Young had to act as his own lawyer because he couldn’t find a lawyer in the state willing to work on his behalf. After his first two attempts at legal action failed, Alan Beck, a California-based lawyer with ties to Hawaii, offered to help him with his suit on a pro bono basis.

That makes the outcome even more interesting.

In a 2-1 ruling, the court found that the Second Amendment protects the right to openly carry a firearm in public for the purpose of self-defense. Judge Diarmuid F. O’Scannlain was joined by Judge Sandra S. Ikuta in the majority while Judge Richard R. Clifton dissented. The majority reversed the lower court ruling that upheld Hawaii’s effective ban on all forms of gun carry in the state.

You hear that? The lower court ruling actually created a ban on “all forms of gun carry” across Hawaii. That BLOWS.

“For better or for worse, the Second Amendment does protect a right to carry a firearm in public for self-defense,” Judge O’Scannlain wrote for the majority. “We would thus flout the Constitution if we were to hold that, ‘in regulating the manner of bearing arms, the authority of [the State] has no other limit than its own discretion.’ While many respectable scholars and activists might find virtue in a firearms-carry regime that restricts the right to a privileged few, ‘the enshrinement of constitutional rights necessarily takes certain policy choices off the table.'”

Interestingly enough, the ruling did NOT find concealed carry to be Constitutional.

The ruling did not find that all forms of gun carry are protected, though. The court said concealed carry “categorically falls outside Second Amendment protection” but that “the Second Amendment encompasses a right to carry a firearm openly in public for self-defense.” It said, in the end, the language of the Second Amendment asserts at least some right to carry firearms outside the home.

According to Free Beacon’s Stephen Gutowski, this was a ruling “nobody saw coming.”

This is a very interesting ruling that nobody saw coming. No gun rights groups were involved with the case. It was filed by a native Hawaiian Vietnam vet with help from a pro bono lawyer who told me he was a bit surprised to see the ruling come today. https://t.co/vlU7Ql4DA1

— Stephen Gutowski (@StephenGutowski) July 24, 2018

George Young filed two previous cases acting as his own lawyer after he was denied a gun carry permit. On the third try, Alan Beck offered to help him with the case free of charge. Beck credits Young's determination with today's ruling. https://t.co/vlU7Ql4DA1

— Stephen Gutowski (@StephenGutowski) July 24, 2018

The ruling doesn't mean that open carry is legal on the ground in Hawaii or the rest of the 9th Circuit as of today. The case has to either go back to the lower court for a rehearing or Hawaii could request a hearing before the full 9th Circuit. https://t.co/vlU7Ql4DA1

— Stephen Gutowski (@StephenGutowski) July 24, 2018

However, it is a very significant ruling because, at the moment at least, the 9th Circuit is affirming that the Second Amendment guarantees a right to carry firearms outside of the home for self-defense purposes. That's new. https://t.co/vlU7QkN2br

— Stephen Gutowski (@StephenGutowski) July 24, 2018

Also, according to documents I obtained, Hawaii hasn't issued a single civilian gun carry permit in years. Not a single one. https://t.co/vlU7Ql4DA1

— Stephen Gutowski (@StephenGutowski) July 24, 2018

Can you believe that? Add that to the list of reasons I will NEVER live in Hawaii. Ever.

NRA reacts to open carry ruling: “This is a critical issue for law-abiding gun owners who want to exercise their right to self-defense outside the home,” said Chris Cox, executive director, NRA-ILA. “The Second Amendment clearly protects the right to bear arms in public.” pic.twitter.com/uUV5KkzwxL

— Stephen Gutowski (@StephenGutowski) July 24, 2018

Hawaii is bummed.

Hawaii's Attorney General says the state is disappointed in the court's ruling and will consult with Hawaii County on what to do next. pic.twitter.com/cl3Kjpsh4z

— Stephen Gutowski (@StephenGutowski) July 24, 2018

It’s not over, but it sure is interesting! I still can’t believe this ruling came from the Ninth Circuit…

h/t Free Beacon