Federal court strikes blow against open carry regulations
By Chris Eger
A three-judge panel on Tuesday said that Hawaii’s restrictions on the open carry of firearms in public were not in line with the Second Amendment. In a 2-1 decision, the U.S. 9th Circuit this week overturned a prior ruling by District Judge Helen Gillmor in the case of George Young in his lawsuit against a number of officials in Hawaii.
Young held that his denial of an application for a handgun license stepped on his Second Amendment rights to carry a loaded firearm openly for self-defense outside of the home and the panel agreed. Hawaii law narrowly allows the ability to open carry to a select few — such as security guards — which the state supported in arguments earlier this year. This, the majority found, was just plain wrong.
“Restricting open carry to those whose job entails protecting life or property necessarily restricts open carry to a small and insulated subset of law-abiding citizens,” said Judge Diarmuid F. O’Scannlain for the panel, which included Judge Sandra S. Ikuta. “Just as the Second Amendment does not protect a right to bear arms only in connection with a militia, it surely does not protect a right to bear arms only as a security