Liberal 9th Circuit Issues Big Win For Gun Rights
Article from the Washington Free Beacon by Stephen Gutkowski.
A panel of judges from the Ninth Circuit court of appeals ruled on Tuesday that Hawaii’s effective ban on the open carry of guns is unconstitutional.
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.
“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.'”
Hawaii has long had some of the most restrictive gun-carry laws in the country. It currently employs a “may issue” gun-carry law, in which state officials may deny permits to applicants even if they’ve passed a background check and training requirements.
Read the entire article at the Washington Free Beacon.
Image Credit: By KAZ Vorpal (Flickr: Declaration of Independence, with Firearm) [CC BY-SA 2.0 (https://creativecommons.org/licenses/by-sa/2.0)], via Wikimedia Commons
Now, PEOPLE Understand the Reason for the 2nd AMENDEMENT! Shall NOT be RESTRICKED,
That was ” a panel”, not the entire court.
WOW! Coming from the ninth circuit district this is a huge surprise that they would back any semblance regarding 2nd Amendment rights. Makes me wonder if they really understood exactly what they were voting on. But they must have since they apparently understood this gave the rights of people to protect themselves. If they keep this up they’ll be banned from California. Chuck
Outstanding that they took away the state’s right to issue or not issue at the whim of some appointed snotball bureaucrat,,,,,and from the 9th district, no less. ,,,,, Thought this one was going to have to go to the supreme court…..Thank you God..
That’s what happens when you type while angry!
This is from the state that believes they are the home of Obama and can do no wrong! Hogwash.. they are full of it and the worst ones are their judges who believe they can legislate…wrong!