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

Galactic Pistol Alliance 1
Galactic Pistol Alliance 1

The Galactic Pistol Alliance: An Entry Point For New Competition Shooters

Galactic Pistol Alliance jettisons rule confusion and offers a much more relaxed model for newcomers to competition shooting, all while keeping cool shooting stages and an emphasis on safety.

Keepin’ It Simple: Chiappa Wildlands 92 Field & Core Models

Chiappa USA is returning the Wildland series of lever-action rifles to its roots with the 92 Field and Core, designs that keep it simple while still offering modern features.

The Armed Citizen® Oct. 5, 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.

Gunsite Marks 50 Years With Alumni Shoot in Paulden

More than 400 competitors gathered at the Arizona academy founded by Lt. Col. Jeff Cooper, as elected officials urged turnout ahead of the midterms.

I Have This Old Gun: Standard Arms Model G

There is an adage that goes something to the effect of, “just because one can do something doesn’t mean it necessarily should be done.” This thought may aptly be applied to the short-lived Standard Arms Model G rifle.

NRA Partners with Guidefitter to Support Industry Professionals

The new alliance between NRA and Guidefitter provides VIP access to the company’s exclusive gear benefits from more than 300 leading outdoor brands, educational opportunities and community tools. 

Interests



Get the best of American Rifleman delivered to your inbox.