Did the Ninth U.S. Circuit just legalize OPEN CARRY firearms in all 50 states?
by Lance D. Johnson
A three judge panel for the Ninth U.S. Circuit Court has ruled in favor of open carry firearms in all fifty states. Ninth Circuit Judge Diarmuid O’Scannlain wrote, “We do not take lightly the problem of gun violence. But, for better or for worse, the Second Amendment does protect a right to carry a firearm in public for self-defense.”
The ruling is a rebuttal to Hawaii’s discriminatory statute, which only allows for a concealed or open carry permit, if an individual can convince the local police chief that “urgency” or “need has been sufficiently indicated,” whereas the individual “is engaged in the protection of life and property.”
The original case was against George Young, a Hawaiian native who simply sought to protect himself outside of his home. Young was twice denied a permit to carry a firearm outside his house. A discriminatory official repeatedly restricted George Young’s application, denying Young of the fundamental human right of self protection. A Hawaiian District Court ruled in favor of the official and proclaimed that the denial of a permit to carry did not infringe on Young’s Second Amendment rights.
Officers cannot receive preferential treatment over private citizens when it comes to self defense.
Hawaii insists that open carry is only constitutional when the individual is in their own home. However, by requiring individuals to prove their need for personal protection with an authority figure, the statute favors law enforcement and discriminates against private individuals. This statute is similar to old laws that restricted African Americans from carrying firearms while giving preferential treatment to Caucasians.Attribution:The Common Sense Show