Appeals court rules Second Amendment protects the right of a person to openly carry



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A federal appeals court ruled Tuesday that the U.S. Constitution’s Second Amendment protects the right of a person to openly carry a gun in public for purpose of self-defense.

The 9th U.S. Circuit Court of Appeals made the ruling and rejected a claim from Hawaii officials that guns should be kept at home.

The ruling by a three-judge panel on the 9th U.S. Circuit Court of Appeals makes the San Francisco-based court is the sixth U.S. circuit court to make this ruling.

A law professor at the University of California said, “States like Hawaii and California will have to allow far more guns on the streets than they do today. States would be able to ban concealed carry but only if they allow people to carry their guns openly displayed.”

In Tuesday’s ruling, 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.”

According to a press release, two of the three judges on the 9th Circuit voted to reverse a decision by the U.S. District Court in Hawaii, which stated that officials did not infringe on the rights of the plaintiff, George Young, who on two separate occasions was denied a permit to carry a gun in public.

Deputy corporation counsel for the County of Hawaii, Kaena Horowitz, said, “The Young decision is unfortunate as it invalidates Hawaii law designed to protect the safety and well-being of the people of Hawaii,” he said. “Carrying firearms in public clearly poses a significant danger to the safety of our community and greatly increases the risk that police officers confront.”

Horowitz believes that only police should be allowed to carry guns and other weapons.

The decision affects western states under 9th Circuit jurisdiction where guns are currently restricted.

Horowitz said they might attempt to appeal the decision before the U.S. Supreme Court.