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July 24, 2018



DAILYKENN.com -- Seems all that propaganda from the left to stymie the Second Amendment has had exactly zero effect. 


From freebeacon.com ▼

Federal Court Says Hawaii Must Allow Open Carry of Guns

9th Circuit says open-carry ban 'violated the core of the Second Amendment and was void under any level of scrutiny'

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.

According to documents obtained by the Washington Free Beacon, Hawaii did not issue a single gun-carry permit to any civilians in 2017. The same was true in 2016. They are the only state in the country to not issue a single gun-carry permit in either year.

George Young, a native Hawaiian and Vietnam veteran, was denied a gun-carry permit in 2011 and decided to file a lawsuit against the state. Young had to act as his own lawyer because he couldn't find a lawyer in the state who was 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.

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