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 LC Carbine In 10 mm Auto
Ruger LC Carbine In 10 mm Auto

Review: Ruger LC Carbine In 10 mm Auto

Following the success of its .45 ACP-chambered LC Carbine, Ruger realized that this platform would go a long way toward making the 10 mm Auto more controllable and fun to shoot, and a new 10 mm version was released in 2024.

The Armed Citizen® July 14, 2025

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

Favorite Firearms: A Little Stevens From Chicago

"Over the next five or six years, and before I went off to college, I fired hundreds and hundreds of rounds of .22 BB Caps, CB Caps, Shorts and Longs through this rifle."

Preview: Strike Industries T-Bone Charging Handle

The T-Bone from Strike Industries is an ideal fit for suppressed applications, as it can be configured by the user to redirect gas blowback entirely to either side ...

New For 2025: Weatherby Model 307 Range XP 2.0 & Alpine ST Rifles

Weatherby's Model 307 bolt-action rifle opens up a world of aftermarket components to consumers, thanks to its Model 700 receiver footprint, and the company now has two new models for hunters and sport shooters.

Preview: Thunderbolt To The Rebels | The United States Sharpshooters In The Civil War

Author Darin Wipperman provides a tantalizing glimpse into the world of Berdan’s sharpshooters during the American Civil War.

Interests



Get the best of American Rifleman delivered to your inbox.