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            Appeals court: 2nd Amendment protects open carry of guns




            By BRIAN MELLEY                                           amendment  only  applied  "States  like  Hawaii  and  limited  the  public  carrying
             Associated Press                                         to guns kept in homes.       California  will  have  to  al-  of guns, which he said did
            LOS ANGELES (AP) — A fed-                                 "We do not take lightly the  low  far  more  guns  on  the  not undermine the core of
            eral  appeals  court  ruled                               problem  of  gun  violence,  streets than they do today,"  the Second Amendment.
            Tuesday  that  the  Second                                which  the  State  of  Ha-   said  Adam  Winkler,  a  law  Attorney  Alan  Beck,  who
            Amendment  protects  the                                  waii  'has  understandably  professor  at  the  University  represented  Young,  said
            right to openly carry a gun                               sought to fight,'" Judge Di-  of  California,  Los  Angeles.  Hawaii County never issued
            in public for self-defense.                               armuid  O'Scannlain  wrote.  "States  would  be  able  to  a  carry  permit  in  20  years.
            The  9th  U.S.  Circuit  Court                            "But, for better or for worse,  ban  concealed  carry  but  Young, a Vietnam veteran
            of  Appeals  ruled  2-1  that                             the  Second  Amendment  only if they allow people to  who  spent  21  years  in  the
            Hawaii  officials  had  violat-                           does  protect  a  right  to  carry their guns openly dis-  infantry,  couldn't  find  any-
            ed  George  Young's  rights                               carry a firearm in public for  played."                   one to represent him in his
            when he was denied a per-                                 self-defense."               Winkler,  however,  expects  case  and  wasn't  even  al-
            mit to openly carry a load-   This May 10, 2016, file photo,   If the ruling stands, it could  the  decision  to  be  ap-  lowed to argue his case in
            ed gun in public to protect   shows a handgun sitting on a   lead to more guns in pub-  pealed  to  a  full  panel  of  a lower court.
            himself.                     desk in the Hawaii Department   lic in the few western states  the  San  Francisco-based  "I  just  thought  he  was  a
                                         of  Natural  Resources  hunter
            The  decision  reversed  a   education    classroom   in   under 9th Circuit jurisdiction  court.                   sympathetic  good  man
            lower court ruling that sided   Honolulu.                 where they are currently re-  Tuesday's ruling comes two  who  deserved  an  attor-
            with  officials  who  said  the          Associated Press  stricted.                   years  after  a  full  panel  of  ney,"  Beck  said.  "I  didn't
                                                                                                   the  9th  Circuit  ruled  that  go in with any expectation
                                                                                                   there's  no  right  to  carry  of  winning  or  losing.  I  just
                                                                                                   concealed  guns  in  public.  wanted to give him his day
                                                                                                   That June 2016 ruling struck  in court."
                                                                                                   down  a  2-1  panel  opinion  Hawaii   Attorney   Gen-
                                                                                                   that  was  also  written  by  eral  Russell  Suzuki  said  he
                                                                                                   O'Scannlain.                 planned to consult with the
                                                                                                   Gun rights is one of the most  county and work with them
                                                                                                   hotly debated issues in U.S.  on any further action.
                                                                                                   political  and  legal  circles  "We  are  disappointed  in
                                                                                                   with  any  loosening  or  re-  the  decision  that  would
                                                                                                   striction  of  access  to  guns  undermine  Hawaii's  strong
                                                                                                   often  leading  to  a  court  gun  control  law  and  our
                                                                                                   battle.  The  U.S.  Supreme  commitment  to  protect
                                                                                                   Court has shied away from  the  public,"  Suzuki  said  in
                                                                                                   firearms  fights  in  recent  a  statement,  though  he
                                                                                                   years,  turning  away  chal-  noted  the  "well-reasoned
                                                                                                   lenges  to  restrictions  after  dissent supporting the con-
                                                                                                   striking  down  gun  owner-  stitutionality of this law."q
                                                                                                   ship  bans  in  the  District  of
                                                                                                   Columbia  and  Chicago  in
                                                                                                   2008 and 2010.
                                                                                                   Judge Richard Clifton sug-
                                                                                                   gested  in  his  dissent  that
                                                                                                   the Supreme Court will like-
                                                                                                   ly  settle  the  issue  because
                                                                                                   several conflicting appeals
                                                                                                   decisions  now  show  "there
                                                                                                   is  no  single  voice  on  this
                                                                                                   question."
                                                                                                   Clifton,  who  like  the  other
                                                                                                   judges  on  the  panel  was
                                                                                                   nominated to the court by
                                                                                                   a  Republican  president,
                                                                                                   criticized  the  majority  for
                                                                                                   going "astray in several re-
                                                                                                   spects"  and  disregarding
                                                                                                   that  states  such  as  Hawaii
                                                                                                   have  long  regulated  and
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