Fear & Loading: Hawaii Court Upholds Open Carry

by
posted on July 25, 2018
** When you buy products through the links on our site, we may earn a commission that supports NRA's mission to protect, preserve and defend the Second Amendment. **
opencarryholster.jpg

A decision by the 9th U.S. Circuit Court of Appeals—based in San Francisco, Calif.—issued Tuesday determined open carry for self-defense is protected by the Second Amendment. “This is a critical issue for law-abiding gun owners who want to exercise their right to self-defense outside the home,” said Chris W. Cox, executive director, NRA-ILA. “The Second Amendment clearly protects the right to bear arms in public.”

The irony of the defense citing nearly 600-year-old British precedent didn’t escape Justice Diarmmuid F. O’Scannlain, either, who wrote, “… we respectfully decline the County’s and the State’s invitation to import English law wholesale into our Second Amendment jurisprudence.”

“The County and the State, apparently seeing little room to quarrel with American history, argue that the English right to carry weapons openly was limited for centuries by the 1328 Statute of Northampton, and that we should incorporate wholesale that understanding of English rights into our Constitution’s Second Amendment,” the 2-1 decision [PDF]states. “Exploring fourteenth century English law books (after a thorough dusting) reveals that the statute allowed no ordinary Englishman to ‘bring . . . force in affray of the peace, nor to go nor ride armed by night nor by day, in Fairs, Markets, nor in the presence of the Justices or other Ministers, nor in no part elsewhere.’”

The case stemmed from a challenge of Hawaii Revised Statute 134-9 by George K. Young Jr., who had multiple handgun permits denied by authorities because he didn’t qualify as an “exceptional case” for concealed carry and wasn’t working in the security industry. Firearm purchases in Hawaii require permits, and residents are only allowed to have guns at home, at work or during “sojourns.”   

“Thus, we hold that section 134-9’s limitation on the open carry of firearms to those ‘engaged in the protection of, life and property’ violates the core of the Second Amendment and is void,” wrote Justice O’Scannlain.  “… the County may not constitutionally enforce such a limitation on applicants for open carry licenses.”

Latest

Ruger Rxm Gotw 1
Ruger Rxm Gotw 1

Gun of the Week: Ruger RXM

On the surface, the RXM appears to be similar to the Glock G19-inspired selection of striker-fired, polymer-frame pistols on the market, but a closer look reveals that there's much more to this modular design.

Rifleman Q&A: How Frequently Should You Clean?

AN NRA member and his brother have identical rifles. One brother cleans every time he shoots. The other cleans every 100 rounds. Which barrel will last longer?

The Armed Citizen® March 20, 2026

Read today's "The Armed Citizen" entry for real stories of law-abiding citizens, past and present, who used their firearms to save lives.

NRA Launches New Official App

The National Rifle Association proudly unveiled its new official NRA App today, marking a significant milestone in enhancing member engagement and delivering convenient access to essential NRA resources on the go.

How the Security Team at Temple Israel Stopped a Terrorist

The terrorist attack on Temple Israel, in West Bloomfield Township near Detroit, Mich., was over fast, thanks to a security team that was well-prepared.

RevolverFest & The State of the Modern Wheelgun

Why, in a world of micro nines and omnipresent striker-fired polymer pistols, does the revolver seem to be enjoying a mini Renaissance?

Interests



Get the best of American Rifleman delivered to your inbox.