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Open Carry Gun Policies Upheld By Federal Appeals Court

A federal appeals court ruled in favor of open carry gun policies Tuesday, ruling that the Second Amendment protects the right to openly carry a gun in public for self-defense and potentially opening the doors for the rest of the country to follow suit.


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In a 2-1 decision, the 9th U.S. Circuit Court of Appeals ruled that the Hawaii Police Department violated the rights of Hilo resident George Young when they denied him a permit to openly carry a loaded gun in public to protect himself.

This ruling, if it stands, has the potential to lead to more guns allowed in public in the western states under the federal appeals court’s jurisdiction, including California.

Related: California Gun Magazine Ban Block Upheld By Ninth Circuit Panel

“States like Hawaii and California will have to allow far more guns on the streets than they do today,” Adam Winkler, a law professor at the University of California, Los Angeles, told The Washington Post. “States would be able to ban concealed carry, but only if they allow people to carry their guns openly displayed.”

The decision reversed an earlier lower court ruling that sided with officials who said that the Second Amendment only applied to firearms kept in homes.

“We do not take lightly the problem of gun violence,” wrote Judge Diarmuid O’Scannlain. “But, for better or for worse, the Second Amendment does protect a right to carry a firearm in public for self-defense.”

In response, Hawaii Attorney General Russell Suzuki announced that he planned to consult with Hawaii County to explore their options in the wake of this decision.

“We are disappointed in the decision that would undermine Hawaii’s strong gun control law and our commitment to protect the public,” Suzuki said in a statement. “We intend to consult with Hawaii County and work with them on further action.”

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Open Carry Gun Policies Upheld By Federal Appeals Court

8 comments

  1. Ya jus don know when ya mat have t’ shoot sum one…
    Good God! What’s wrong with these people?

    • Ignorance is bliss am I right?

      Nothing bad ever happens. And if there is a disturbance we yell “STOP” and everything falls back in order.

    • Oh Denny, you don’t have to worry as long as you stay in your safe space. 😉 I’m for any law abiding, rational minded American to open carry. I’m NOT for open carry for criminals or other mentally ill people. But, it seems that it’s the latter that always commit violent crimes. Have you ever seen any law abiding, rational minded people commit violent crimes? No, because it’s kind of an oxymoron.

      You can find many good examples of people saving lives because they had a gun. Here’s a recent one: https://www.youtube.com/watch?v=2EwJYRVixIU

  2. Alex, SCV Guy- How’s your math?

    Cowardly people with guns-=-?
    A. Less gun deaths
    B. More gun deaths
    C. Freedom

    Good guys with guns vs.
    bad guys with guns = ?
    A. A shootout
    B. Everyone is safe
    C. An NRA parade down Newhall Ave.

    Reality check-
    Good guys with guns (trained police) returning fire in a pursuit
    shoot and kill an innocent store manager. (See Silver Lake TJ’s story).

    • You are always going to find a story where an innocent person was shot. However, are you ignoring the fact that without the good guys, many more people would be shot or killed. I guess liberals like you just think differently than people like me. With open carry, YOU obviously imagine some deranged mentally ill person openly carrying a gun. Whereas I think of responsible, trained, law abiding citizens carrying a gun. We just think differently.

      • You bet we think differently.
        From the year 2014 (the last year stats were available):
        259 justifiable homicides.
        8,342 criminal homicides.
        20,666 Suicides.
        548 unintentional fatal shootings.
        I harbor absolutely no romantic feelings about guns, none whatsoever.
        I ‘obviously’ DO think open carry is a strong sign of mental derangement in an otherwise civilized society and have no place in it. GUNS KILL.

        • I too “harbor absolutely no romantic feelings about guns, none whatsoever.”, and I actually think concealed carry is a better option. If I had a gun on me, I don’t want the criminal to know, until it’s too late for him. 🙂

          If Guns Kill, then Cars Kill, Knives Kill, Rocks Kill, etc. You really can’t see that it’s PEOPLE that kill? Take away all guns, and people will kill with something else (maybe its harder, but they will still kill).

  3. I’m not totally convinced open carry is necessary since there are way too many kooks that pass a background checks. Also, don’t slant the facts, the innocent store clerk (which she was) was killed “after” the vehicle pursuit was over and was in a position not seen by the officers due to the shadows created by the time of day. Don’t blame the officers for trying to stop “anymore killings” by this suspect. Who knows how many more people might have been killed if the suspect had gained clear access into the store…? Oh, don’t ask that one.

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About Michael Brown

Michael Brown has lived in Santa Clarita his whole life. Graduating from Saugus High School in 2016, he continued to stay local by attending The Master’s University, where he achieved a Bachelor's Degree in Communication. Michael joined KHTS in January of 2018 as a news intern, and has since gone on to become the News Director for the KHTS Newsroom. Since joining KHTS, Michael has covered many breaking news stories (both on scene and on air), interviewed dozens of prominent state and federal political figures, and interacted with hundreds of residents from Santa Clarita. When he is not working, Michael enjoys spending time with his family, as well as reading any comic book he can get his hands on.