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9th Circuit: Second Amendment ‘Does Not Mean What It Says’

By: Teresa Mull

The notoriously liberal U.S. Court of Appeals for the 9th Circuit just ruled “that you have NO RIGHT to carry a gun beyond your front door,” reports the National Association for Gun Rights (NAGR).

Young v. Hawaii is a challenge to Hawaii’s ban on openly carrying a firearm. In Judge Diarmuid O'Scannlain’s dissent, he ruled:

"Today, a majority of our court has decided that the Second Amendment does not mean what it says. Instead, the majority holds that while the Second Amendment may guarantee the right to keep a firearm for self-defense within one's home, it provides no right whatsoever to bear—i.e., to carry—that same firearm for self-defense in any other place.”

Hawaii is among the worst states for gun owners. Reason.com notes Hawaii's "highly restrictive carry permit policy … requires that applicants demonstrate ‘the urgency or the need’ to carry unconcealed firearms, that they have ‘good moral character,’ and that they be ‘engaged in the protection of life and property.’”

In the organization’s message to supporters, NAGR wrote of this ruling’s broader implications:

It means that if you live in California, Oregon, Washington, Idaho, Montana, Nevada, Arizona, Alaska, or Hawaii -- you’re at the mercy of state gun grabbers, at least as far as public carry is concerned.

This is the first federal Court of Appeals to decide that the Second Amendment doesn’t apply to public carry -- but if you and I don’t act quickly, it won’t be the last.

NAGR and other gun rights organizations are calling on the U.S. Supreme Court to step in and overrule the 9th Circuit – an event that is more likely since Trump’s nomination of several pro-Constitutional judges to the court, and Justice Clarence Thomas has criticized lower courts for “failing to protect the 2nd Amendment to the same extent that they protect other constitutional rights.”

Teresa Mull (teresa@gunpowdermagazine.com) is editor of Gunpowder Magazine.

 
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