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

Combat Vs Gaming F
Combat Vs Gaming F

Competition Shooting vs. Combat Training

It's an undeniable fact that competition and combat solve different problems. Mistaking one for the other or rejecting either one is a mistake.

The Truth About DGUs Gun-Control Groups Don’t Want You to Know

Last August, the Centers for Disease Control and Prevention’s webpage again posted defensive-gun-use data—essentially, estimates of how many times per year armed citizens in America use guns to defend themselves or others. 

Watchtower Defense Opens New Texas Headquarters

Watchtower Defense—which has acquired the assets of Watchtower Firearms—officially opened its new headquarters and state-of-the-art manufacturing facility in Tomball, Texas.

Rifleman Review: EAA Corp. Girsan Witness2311 Match X

One of the latest 2011-style handguns out from European American Armory Corp. is its Girsan Witness2311 MatchX platform, which includes a built-in, single-port compensator and is designed for competition use.

Shell Shock & CBC Global Ammunition Sign Manufacturing Agreement

Shell Shock Technologies (SST) and CBC Global Ammunition have signed an agreement that adds manufacturing capacity, advanced tooling and new SST operations in Oklahoma and Michigan.

Short & Sweet: Springfield Armory's SA-35 4" Polished Blued

Springfield Armory continues to expand its SA-35 High Power handgun line, and one of the latest versions is this new SA-35 4" Polished Blued model that provides some added luster while remaining compact.

Interests



Get the best of American Rifleman delivered to your inbox.