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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