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

001 SGSR M9VS Trio 01
001 SGSR M9VS Trio 01

Are Snub-Nose Revolvers Still Relevant?

In a world of micro-compact handguns, does the venerable snub-nose revolver still have a place? Here are four reasons why you might still consider carrying a snubby.

Behind Federal's 7 mm Backcountry Cartridge

In 2025, Federal Ammunition introduced its new 7 mm Backcountry cartridge, which operates at higher pressures than any previous commercial ammunition offering.

New for 2026: Beretta 94X Performance

The latest step in the evolution of Beretta's 90 series of handguns is the 94X Performance, a handgun that the company calls “the ultimate evolution of the Beretta competition pistol for IPSC and USPSA.”

Review: Spandau Arms RL

The Remington Model 700 lives on in the form of this RL bolt-action rifle produced in Turkey by Huglu and imported into the U.S. by Spandau Arms.

NRA Outstanding Achievement Youth Award Applications Open

The NRA is accepting applications for the 2027 NRA Outstanding Achievement Youth Award from junior shooting sports participants who demonstrate active involvement in their communities and in shooting sports.

Interests



Get the best of American Rifleman delivered to your inbox.