By Micah Rate
(AP Photo/Eric Gay, File)
Two judges on a three-judge panel in the Ninth U.S. Circuit Court of Appeals in San Francisco ruled that the Second Amendment protects an individual’s right to open carry on Tuesday.
The ruling overturned a lower district court’s decision that stated George Young, a man from Hawaii, did not have his Second Amendment right violated when authorities twice denied him a permit to carry a firearm outside of his home.
The summary of the court opinion is as follows:
Analyzing the text of the Second Amendment and reviewing the relevant history, including founding-era treatises and nineteenth century case law, the panel stated that it was unpersuaded by the County’s and the State’s argument that the Second Amendment only has force within the home. The panel stated that once identified as an individual right focused on self-defense, the right to bear arms must guarantee some right to self-defense in public. The panel held that because Hawaii law restricted plaintiff in exercising the right to carry a firearm openly, it burdened conduct protected by the Second Amendment.
The panel stated that restricting open carry to those whose job entails protecting life or property necessarily restricts open carry to a small …Read the Rest
Source:: Bearing Arms