Court Rules Carrying Firearm in Public Not Protected by 2nd Amendment

The 9th Circuit Court of Appeals dealt a blow to gun rights when they reached a controversial split decision on the case of George Young Jr. V Hawaii. The majority ruled that that the second amendment right to keep and bear arms does not include the right to carry a firearm, either openly or concealed, in public.

According to the American Military News, in a 7 to 4 ruling, the 9th Circuit Court of Appeals upheld Hawaii’s limits to open carry in public. Hawaii firearm licensing law states that residents seeking a 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 majority of justices in the cases ruled that “There is no right to carry arms openly in public; nor is any such right within the scope of the Second Amendment.”

Judge Jay Bybee, a nominee of George W. Bush wrote that “the contours of the government’s power to regulate arms in the public square is at least this: the government may regulate, and even prohibit, in public places—including government buildings, churches, schools, and markets—the open carrying of small arms capable of being concealed, whether they are carried concealed or openly.”

Judge Diarmuid O’Scannlain, dissenting along with three other judges, said the ruling makes the Second Amendment an “inkblot.”

“The Second Amendment to the United States Constitution guarantees ‘the right of the people to keep and bear Arms,'” O’Scannlain wrote.

“Today, a majority of our court has decided that the Second Amendment does not mean what it says. Instead, the majority holds that while the Second Amendment may guarantee the right to keep a firearm for self-defense within one’s home, it provides no right whatsoever to bear—i.e., to carry—that same firearm for self-defense in any other place.”

If this case were to be appealed the only place left for it to go would be to the Supreme Court.