In a surprising turn of events, the generally left-leaning 9th Circuit Court of Appeals has ruled that the Second Amendment protects the right to openly carry guns in public. The ruling was made in favor of a Hawaii resident who was denied a concealed carry permit for failing to meet the state’s licensing requirements.
The San Francisco-based court ruled 2-1 on the decision, rejecting a claim made by the officials in Hawaii that the right to keep and bear arms only applies in the home.
“We do not take lightly the problem of gun violence,” Judge Diarmuid O’Scannlain wrote in Tuesday’s ruling. “But, for better or for worse, the Second Amendment does protect a right to carry a firearm in public for self-defense.”
Judge Richard Clifton, who was the one dissenting voice, argued that denying a citizen the right to carry a gun outside the home does “not undercut the core of the Second Amendment.”
This decision does not appear to strip away licensing requirements all together, but instead requires states to allow for some form of armed self defense for the average citizen.
The ruling also does not change the Supreme Court’s previous precedent which states that the Second Amendment does not guarantee the right to carry concealed firearms in public. So the decision only effects the right to openly carry a firearm outside the home.
If the ruling made by the 9th Circuit is challenged, it will go the Supreme Court, which is currently stacked in favor of President Donald Trump, and would likely drop a pro-gun ruling.
The fact that this decision came from the 9th Circuit Court is extremely surprising. Since President Trump took office, the 9th Circuit has been extremely hostile to Trump, blocking his travel ban multiple times.
It is also surprising consider recent troubles that Trump has had confirming his 9th Circuit Court nominee Judge Ryan Bounds. Trump was forced to withdraw his nomination earlier today after both Sens. Tim Scott (R-SC) and Marco Rubio (R-FL) joined with democrats in race-baiting attack to block his confirmation.
But even without Trump’s nominee on the Court, a positive Second Amendment decision was able to be made.
Big League Politics will keep you updated on any developments to this story.
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