9th Circuit Court Rules Second Amendment Doesn’t Guarantee Right To Open Carry

Concealed Carry Classes See Big Push For Licenses

The 9th Circuit Court of Appeals upheld a Hawaii gun regulation, ruling Wednesday that states can restrict the right to openly carry a firearm in public.

The 7-4 decision said restrictions on carrying guns in public do not fall within the scope of what is protected by the Second Amendment.

“The government may regulate, and even prohibit, in public places – including government buildings, churches, schools, and markets – the open carrying of small arms capable of being concealed, whether they are carried concealed or openly,” Judge Jay Bybee wrote for the majority.

The majority based their decision on previous rulings and a review of both American and English law.

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Pistol Pete
Pistol Pete
3 years ago

As I wrote a couple articles back, this state is requiring full access to my medical records before I am eligible to re up my concealed carry permit. I had though, ok, I will open carry. Now I know I will be open carrying. I know “you’ll be a target”, “you’ll lose the element of surprise.” Let me tell you, I am already a target. I do not wear a muzzle so my shopping and public spaces are already limited. My freedom is all but gone. Now they wanna try’n let law enforcement enter and confiscate firearms without a warrant?!
They are not coming for firearms -- -- They are here. I say open carry, never be unarmed. Be prepared to defend yourselves, spiritually, physically and mentally. Let them know -- If they come for your neighbor, they come for your neighborhood.

Dana Henry
Dana Henry
3 years ago
Reply to  Pistol Pete

Don’t HIPPA laws protect your medical privacy?

GenEarly
GenEarly
3 years ago
Reply to  Dana Henry

The 2nd Amendment as well as the 1st are hanging by mere threads and the HIPPA is supposed to be sacrosanct???
In a JustUs System like this current one in the USSA the “law” means what lawyers in dirty black robes “Say” the law is, Comrade.

Grandmarunner
Grandmarunner
3 years ago
Reply to  Dana Henry

You have NO privacy. The government has every stinking detail about you at their disposal. Why do you think Dr.s are required to use laptops? HIPPA is for the peons.

Pistol Pete
Pistol Pete
3 years ago
Reply to  Dana Henry

The second page of the application. I understand that authorizing the disclosure of the health information is voluntary. I further understand that revoking this authorization may have consequences regarding application for a concealed handgun carry permit, or my ability to continue carrying a concealed handgun if I have already been issued a concealed handgun permit. -Intimidation at the least- Really, they wanna know if I have received the jab…..

Dana Henry
Dana Henry
3 years ago
Reply to  Pistol Pete

I suppose I would deny them permission for medical records and let the chips fall where they may. If HIPPA can be breached here then it’ll be eroded in other areas as well which will set off alarm bells in privacy advocacy arenas. I would rather not open carry if it came to that. I don’t want people around me nervous, I don’t want to be noticed, I don’t like calling attention to myself and I want to be a surprise.
It is what it is. Soon we’ll all be considered criminals anyway so what’s more ignored law.

Pistol Pete
Pistol Pete
3 years ago
Reply to  Dana Henry

You probably live in a different environment. Literally, I have mountain lion tracks in my backyard today, Looks to be a momma with cubs. They are after my chickens or goats. I have coyotes nabbing my barn cats. Our village doesn’t even have a traffic light, when I go there it’s just folks like me. We make each other nervous, then have coffee and a laugh…If I lived in an actual town or city maybe I would think differently. But I will never go back to that lifestyle, ever. My sky’s are huge and full of stars. God’s country…

Dana Henry
Dana Henry
3 years ago
Reply to  DRenegade

I raise bees. Bears are a problem here. I never imagined I go from sailing the seven seas to making beeswax candles and selling honey.

Pistol Pete
Pistol Pete
3 years ago
Reply to  DRenegade

That is awesome, I haven’t hatched any -yet. I am looking to add about that same amount, meat birds. The price of feed keeps going up though. Now that the weather has changed more abundant free ranging will help.

Dana Henry
Dana Henry
3 years ago
Reply to  Pistol Pete

I have given this much thought before replying. I walked away and prepared tonight’s supper. Roast venison tenderloin. Taken on my mountain. I checked on the only friend I have. A 90 lb Anatolian/Border cross. I live as remote as you. I have to keep situational awareness 24/7. We also have every single indigenous wildlife known to North America here in the PNW. I pray over my dog whenever I let her out of my sight. I’m concerned about the wolves and my dog. She is my whole life.
Vis vis carrying. I open carry on my land. Lots of it. All my neighbors’ open carry. It’s not safe otherwise. We’re all 100% former/retired .mil and LE. My rig has a tac 12 ga. My dog is always with me, in the bush, and always comes first.
Our last recent community bbq was bear, moose, elk, and venison. All taken on our mountain. Zero masks!!! Our buddies are the best chefs. Women just watch and sip their drinks. Screw flatlanders. We probably live pretty similarly to you.
However, in town, I don’t like drawing attention. I carry concealed. My dog in the back. If challenged I acquiesce because I know me. I don’t want to hurt anyone.
I would still cc regardless of the law and risk it. I will not comply with medical invasion.
I hope we’re still on the same page, sir. I re-read this response and hope I haven’t offended or implied a challenge. Not my intention.
One more thing. I know it might sound gross. I have a recipe for Mountain Lion.

Pistol Pete
Pistol Pete
3 years ago
Reply to  Dana Henry

You are gonna have to try much harder if you wanna offend me. I have a pretty short attention span…

Robert Housholder
Robert Housholder
3 years ago
Reply to  Pistol Pete

The 2 A is a guarantee, the right and DUTY comes from the Bible Jesus said to arm up in Luke 22:36 so are we going to obey man when it goes against God ? I say NO ! Those who want to enforce such law just might re-think there jobs, and whom do they work for “We the People OR the new 4th Reich.” And what they might think about is after the people are disarmed, then its there turn to be disarmed.THEY will only be able to open carry when on duty and turn in there guns at the end of the day bullets and all.

Quatermain
Quatermain
3 years ago

“The majority based their decision on previous rulings and a review of both American and English law.” What in the hell does English law have to do with this? We basically repudiated English weapons laws in their entirety. The Courts are just as corrupt as the rest of the government. There is no more working within the system…

AlphaDog
AlphaDog
3 years ago
Reply to  Quatermain

Back in the day didn’t Dodge City, KS have a law requiring those coming into the town to submit their firearms to the Marshall for the duration of their stay? Weren’t there also laws back in the day allowing an individual to own another individual as a slave? Back in the day didn’t the SCOTUS rule ownership of a slave lawful [Dred Scott]? The point being that just because laws are passed and rulings are made does not in any way make them Constitutional. Judges prefer to ‘interpret’ the meaning of the Constitution when in reality most of it is easily interpreted by anyone capable of reading and understanding the English language. Too many Judges are just as corrupt as politicians, lawyers, and bureaucrats. And as we have all seen recently, that corruption goes all the way to SCOTUS. We the People are going to have to refresh the Liberty Tree to set this right.

Dana Henry
Dana Henry
3 years ago
Reply to  AlphaDog

The problem is cases are decided on past precedence and prior case law decisions rather than based solely on the Constitution as it used to be. I wish they’d throw out case law and just decide using only the Constitution.

Robert Housholder
Robert Housholder
3 years ago

There are a lot of oath breaking judges, and there in violation of, U.S.C. Title 5, section 1173 & 1333 breach of oath of office, they should be fired for bad behavior and disbarred.
There oath of office calls for the support and to DEFEND the Coonstitution which the Bill of Rights for we the people has been part of the Constitution since Dec/15/ 1791, Read you calender Dec/15 th every year is Bill of Rights day.

arizona
arizona
3 years ago

THE FIRST AND SECOND AMENDMENT,are the shot across the GOVERNMENT SHIPS BOW,.its a warning to them NOT TO CROSS,sadly the men in america Have the iDEA its up for debate,IS THERE ONE PERSON HERE WHO UNDERSTANDS HOW MANY GRAVE YARDS ARE FILLED WITH “DEAD AMERICA SOLDIERS” WHO FOUGHT TO PROTECT THAT CONSTITUTION YOU THINK IS UP FOR DEBATE???

arizona
arizona
3 years ago

HERES A QUESTION…,OUR LORD JESUS “SAYS JUDGEMENT ON AMERICA IS ABOUT TO BEGIN”now heres the question..HOW MANY OF YOU HAVE HONORED YOUR OATH TO GOD???..or are you waiting till your standing in front of the LORD,AT your judgement??ONLY to say to him ,well I was going to,if the constitution was in danger..HE says ONLY 5% of you are coming to heaven,the rest are LIARS,they never intended to honor their OATH to him…they lied.NOT only are they guilty of treason,but a thousand other crimes,ARE YOU ONE OF THEM..which side of the fence are you on??.AND you better not be standing on it,THE LORD said “I”LL VOMIT YOU OUT OF MY MOUTH”.How many of you will Hear this warning.and understand what you were just told??