US Appeals court rules Americans don’t have right to open carry guns in public

By  

On Wednesday, an en banc panel of the US Court of Appeals for the 9th Circuit ruled that the second amendment right to keep and bear arms does not citizens include the right to carry a firearm, either openly or concealed, in public .

The court issued the ruling in the case of George Young Jr. V Hawaii, a lawsuit challenging a Hawaii firearm licensing law, which states residents seeking license to openly carry a firearm in public must demonstrate “the urgency or the need” to carry a firearm, must be of good moral character, and must be “engaged in the protection of life and property.” The court said, “There is no right to carry arms openly in public; nor is any such right within the scope of the Second Amendment.”

The majority opinion also states “we can find no general right to carry arms into the public square for self-defense.” The majority further argued that the second amendment applies to the “defense of hearth and home” and “the power of the government to regulate carrying arms in the public square does not infringe in any way on the right of an individual to defend his home or business.”

Read the rest of the story on the American Military News 

 

Meanwhile, several unconstitutional “gun control” bills at the federal level are moving through Congress, such as HR127.


Get Citizensjournal.us Headlines free  SUBSCRIPTION. Keep us publishing – DONATE

3.2 12 votes
Article Rating
Subscribe
Notify of
guest
94 Comments
Newest
Oldest Most Voted
Inline Feedbacks
View all comments
Andy Worthington

Let me guess! The ninth circuit, gee, how did I guess that? The United States has a higher gun ownership per person than any country in the world yet it is 94th from the top in terms of gun deaths! That’ll make it pretty obvious that gun ownership has little to do with murder rates!

C E Voigtsberger

There is a reason why it is called the 9th Circus Court, the most overruled of all the federal district courts. I think that is an insult to circuses everywhere which are professionally run organizations.

Apparently reading is low on requirements to be appointed to a federal district court. They apparently didn’t get to the point about “. . .and bear arms shall not be . . .”

So it is okay to walk around your house with a firearm on your side but don’t step outdoors with same. It’s nice that they recognize the importance of being able to defend one’s home against warrantless invasions by rogue cops but we are fair game if we step outside. Any time some cowardly goon feels like beating up on a 75 year old because of his or her ethnicity, why that is perfectly okay.

Funny how bureaucrats feel the need for armed guards all around them and armed escorts when they venture out of their enclaves but for the serfs, well, they are on their own. Hope they can run fast.

Mart

The right is not to protect hearth and home, but to be able to defeat bad government.

Dan

Or another government like the British back in the day

Andy Worthington

Were you there when they wrote it! It clearly states in the amendment that one of the reasons for it was to oppose a tyrannical government! You weren’t going to do that from inside your house! Read the second amendment before you sound off about it!

Gretchen Taylor

It’s been studied and shown that the more people who carry guns, the fewer violent crimes against persons there are. There are books written based on the studies and numbers (statistics). The people who commit the crimes are least likely to have obtained the weapons legally. Either way, there are fewer people dying from guns than from car accidents. What shall we do about that? That is not protected by our constitution as the weapons are…

Dan

Seems the more cars u have the more car deaths you have, the more heroin In the country, the more heroic deaths you have. So the more guns you have, will likely lead to more guns deaths.

Andy Worthington

About 80% of gun crimes are committed with stolen or illegally trafficked guns!

Sue
T28fog

Gee, how does one defend themselves from the unexpected if they can’t carry a weapon openly or concealed? You have no right to bear arms if you can’t bear them ! Court is trying to make law in opposition to the constitution

Steve

They will have to get my guns out of my cold dead hands.

Denise

I do own a handgun for home protection. My only thought is why do I need a AK47? Or a weapon big enough to bring down a herd of Elephants??

C. Collier

If you shoot an elephant with an AK or AR, you’re just going to piss it off.

Andy Worthington

And you’ll only do it once!

C E Voigtsberger

Actually, the AK is the preferred weapon of ivory poachers in Africa. It is cheap and plentiful as opposed to sporting rifles designed for lawful elephant hunting. Poachers don’t care if they ruin all the meat from the animal and have to expend a couple of magazines of cheap ammunition to bring it down.

A good sporting elephant gun is designed to dispatch the animal humanely and as expeditiously as possible requiring only one or two rounds of expensive ammunition. One can easily pay two or three thousand dollars or more for a quality elephant gun and well over three dollars a round for the ammunition it fires. Compare that to an AK which goes for perhaps the equivalent of $50 in the currency of whatever country in Africa the poacher is operating and the cost of AK ammo at less than a dollar a round. Poachers don’t care if the animal suffers while being pumped full of military ammunition. All they are interested in is the ivory.

A legitimate big game hunter donates his meat to the closest village which generally is limited in its protein intake. Which is another reason to use as few rounds as possible and dispatch the animal as quickly as possible.

Craig

An AK-47 could not bring down a herd of elephants. The 7.62x39mm round is very inadequate for that purpose. While it is significantly more powerful than most pistol rounds, it ranks fairly low in power in the rifle realm. Similar to the AR15 round which is illegal due to lack of power or is at the very lowest limit for even Deer hunting. Both the AR and AK do have a place in varmint hunting where they excel. The biggest problem I see is the restrictions places like California are placing on weapons are they use the “scary appearance” criteria for restriction. This only affirms my belief that they really have no basic knowledge of firearms. Wether or not it has a flash suppressor or a pistol grip does not add to its lethality. The ill informed media spreads incorrect information possibly without even knowing it and it taken in by a crown who is not informed either. It seems like a firearm is the only inanimate object that is almost always blamed instead of the human holding it. More people are killed yearly with hammers and bats than with AR15s and AK47s. I hope you never use your handgun but I am glad you have the right to have it.

RIck

Exactly

C E Voigtsberger

Sorry, but that is a sophistic argument. The Second Amendment does not describe the type of arms (plural) that citizens have a right to bear. Rules among the several original colonies required members of the militia (all able bodied males between certain ages) carry the latest military arm, a musket and bayonet or musket and sword. The wealthy of many towns purchased canon and shot for use by the town’s militia. Again, the latest word in military armament. Many trading posts on the fringes of the frontier had swivel guns mounted on the walls surrounding the post. A swivel gun can be described as either a very large shotgun or a small bore canon. They generally fired grape shot which again can be described as either a very large charge of shotgun pellets or a small charge of anti-personnel projectiles. Sort of an early version of the Claymore presently employed by U.S. military forces or the M-79 which has been replaced by a more capable but similar firearm.

With law enforcement being hindered more and more in the use of force during riots a handgun becomes less of a lethal force in the face of rioters burning and looting. A dictum among shootists is “A pistol is what you use while making your way to your rifle.” A rifle is the most effective hand held firearm for self defense. The business owners who defended their businesses doing the LA riots used rifles, semi automatic AKs M-16 look alikes and so forth They did not use pistols to defend their businesses against rioters bent on mayhem, looting and destruction.

As for choice of caliber. After declaring that the .223 round was perfectly adequate for military use for fifty years, in recent years the military has been desperately searching for the perfect military round, something larger than the .223 but is cheap and easier to carry a bunch than the more effective round that was the U.S. standard for fifty years, the .30-06.

Of course, for some of us, the Second Amendment means that if I want to possess a machine gun or a 105 mm canon, the Second Amendment says that I shall not be precluded from owning such.

Dan

If someone else starts shooting an ak, you might not want a pistol to fight back with.

Andy Thomas

Then how would you take a gun to another place like church where two congregants shot a looney shooting up the church? Don’t forget, this was the 9th Circuit Court from California. Need I say more?

Jumpy

How can I look like a bad ass now!

Tommy

It’s ok for criminals to carry guns but not law abiding citizens that want to defend themselves. You can bet that judge has armed body guards around him. That is more leftest trying to take away your rights. Get the guns away from criminals and maybe we won’t have to carry them ourselves. Start with the criminals instead law abiding citizens.

Twag

Makes it easy to identify criminals — they are the ones carrying guns in public.

Andy Worthington

I assure you, criminals don’t carry their guns where you can see them!

Trigger

This is how you will be stripped of your Rights. Leftists judges.

Sabrina

Or protect of us from “people who have lapses in judgment and character” who just decide to start shooting! Protect our families and our leftist judges!!

Joe Bradley

I, and my fellow citizens, are much closer and more numerous than police can be. We will protect you.

Dan

Didn’t work so well in Boulder. Sandy hook, aurora or Vegas, Orlando, and all places w mass shootings

Citizen Reporter

Not enough armed patriots around?

It wouldn’t have helped in Vegas though, against that nutcase from shooting from way high up. No one even knew where it was coming from at first.

Sue

This will go to the Supreme Court and be overturned if the state allows open carry. Have patience.

Andy Worthington

I agree it will be over turned however how many more years will it be before they will no longer overturn it!

Guy that don’t give one fuk

This is preposterous. They can all back off or they will be handled.

Sayitaintso

Tell the A9th circuit judges to get out of their bunker and look around, CRIMINALS are walking around with guns and until you can stop them, DONT infringe on law biding citizens rights.

Badgoodgirl

This ruling is unconstitutional because the word “bare” means to keep open to see. That is our rights, plain and simple.

C. Collier

Well, that’s accurate, to an extent; however, the word used in the 2nd is “bear”, which means “to carry”.

Cat

It’s not bare it’s BEAR. Jeesh.

Karen

Let’s not be critical of typos ! There are no English degrees here!

C E Voigtsberger

Words are important. Just ask Clinton what the meaning of the word “is” is.

Andy Worthington

Point taken!

Andy Worthington

I believe the word you’re looking for is “BEAR”! I don’t think the founders really cared whether the gun or you were naked!

Brook

The 9th circuit is a liberal court anyway – this now should bring that case to the Supreme Court.

Marv

The 9th is the most overturned court (federal district court). They regularly get slapped by the Supreme Court. What sucks is the wait for the Supreme Court to hear and rule, can literally take years.

Bill

Please! The 9th District Court is in San Francisco. No further discussion required.

Ajom

9th Circuit Court jurisdiction encompasses ALL western states, Hawaii, Alaska and Guam.

Andy Worthington

Don’t worry, if you’re attacked in San Francisco you can just pick up one of the numerous used hypodermic needles on the street and stab somebody with it!

Matt

It’s not the ones that carry legal killing people it’s the one that will carry for harming others or taking whatever they want from someone regardless of laws they will find ways of getting a gun or whatever else they may need to intimidate one into giving them what they want I only carry to save me,my family and or others from being put into a scary situation

Kevin Huff

What about baseball bats? Can we walk around with these? Next thing will be you will have to register those and then we will have those taken off of us!! Any number of things can be a weapon!! Guns and baseball bats don’t hurt anybody it’s the idiots behind them! When are our so called leaders going to accept that?

Dunner

It’s the people too…the ones in gated communities or have security…ur average joe workin to live is not sayin we shouldn’t bear arms!

C E Voigtsberger

Actually, you will find that if you are carrying a baseball bat in some place where such is unusual you may well find yourself ordered to the ground and told to spread eagle. Intent comes into play here and unless you are able to demonstrate a valid purpose for carrying a baseball bat into Von’s you may well find that you are compelled to have your attorney argue your intent to a jury. Look up all the proscribed articles in the penal code. You will have to search around because they are covered under different sections. You will be amazed at the number of items that are prohibited. In addition, carrying most of them or possessing them is a felony, not a misdemeanor. Your masters in Schitzomento do not want the serfs going about with dangerous implements. It might be the precursor to an uprising.

Matt

I’ve have permits and my wife we want stop carrying

Imen

What need is english good have you

Andy Worthington

No problem there

VCSurfer

Article has a low rating. A classic case of killing the messenger.

Ken Butler

Someone needs to forward theses comments to the FBI. I’m more than sure many of these comments are from people who tried and will try again to overthrow the government.

C. Collier

Oh, my. Yes, we must be concerned about people who care about protecting the Constitution (and their families). The Constitution does present a clear and present danger to the current Socialist regime.

F the 9th Circuit

The 9th circuit court is and has been a court of cowardice and I hope those court officers get confronted by a criminal who illegally possess and threatens them. Only then will these cowards understand the need to always have a source to defend themselves and others that are forced to be victims. This court of pussies make me sick! Why aren’t they including cars. How many vehicles are used annually as weapons to kill and mame.

C. Collier

The “justices” of the 9th Circus (that’s not a typo) typically carry their own firearms and/or have armed security. Their rulings only apply to us mere commoners, not the elite.

C E Voigtsberger

I believe, although I am not 100% certain that judges in the Peepuls Reepublik don’t need a permit to carry. They are exempt and they may also buy firearms that are “dangerous” for the serfs to carry but are allowed to law enforcement officers and certain elected officials, including, of course, large capacity magazines.

Gerald

Really and just HOW is the gun supposed to get from point A to point B? Stop the communist bullshit.

Bart Theriot

BullShit!

jordon

even if you ban the right to carry your still going to have people who will still bring the guns just to hurt others the right to carry at least gives those unlucky enough to be there a chance to fight back and maybe even stop the shooter from hurting others

Leary

Finally someone with common sense comes forward, good job.

??????????

REALLY so a person pulls a gun on you and your family and everybody else in a public place. And a person with a concealed gun or open carry stops him. AND YOUR FAMILY WAS SAVED. And you’re worried about good people carrying a gun. I don’t get your thinking.

Cat

Oh, right, that’s certainly an everyday occurrence, lol.

Mike

It happens daily. There is a publication that lists those occurrences. e.g. – the moron that started shooting at Kroger in Lousville was stopped by a concealed gun owner. Texas church gunman stopped cold by churchgoer with one shot, McDonalds shooting in Alabama, father and his young son being shot at in the crowd, turned and put one in the assailant. Young boy in Florida during home invasion grabbed dad’s AR and fends off 3 assailants because he was afraid they would hurt his 12 year old sister. The list goes on, but it is never reported on any mainstream outlet.

OldCommenter

This country is more and more resembling pre-WWII Germany in the Left’s grab for power. Take a look at those nations in the past 125 years that have outlawed and/or confiscated weapons. Totalitarian hell with wholesale murder, gulags, “re-education” camps. That is what the Left wants and the way to get there is to confiscate our firearms…

Nancy Hathaway

You never know now days what’s going to happen! We’re you ever a girl or Boy Scout! “ Be prepared”

Mike

Meaning whot?

Mike Burdiss

Time to vote them out.

VCSurfer

Good luck voting judges out

C E Voigtsberger

It has happened to state appeals courts. Remember Rose Bird and the Supremes who thumbed their noses at the serfs and got thrown out of office?

Unfortunately one mistake our Founding Fathers made was allowing for lifetime appointments There must be term limits for all public positions, including judges. However, in The FFs’ defense, circuit courts once rode “circuit” and life on the circuit was rough and circuit judges didn’t last very long.

As originally intended, the circuit court of appeals would have to travel to Idaho, Alaska, Hawaii, and the other states included in the circuit to hear appeals. They didn’t get to squat in a major city in the largest state and have the appellants come to them.

Perhaps we should return to the days of yore and have them constantly on the road mingling with the hoi polloi instead of hiding out in their ivory towers They might have a more realistic understanding of real life instead of some idealistic, out-of-touch dream world.

C. Collier

It would be wonderful if we could do so, but unfortunately, they are appointed gods for life. They can only be removed by impeachment by the House of Representatives and conviction by the Senate. Good luck getting these bozos removed by the current Socialist regime.

Mike Smith

And this is a major reason why nonvoting Republicans are as damaging to America as voting Democrats.

It is not that the Democrat base is so strong, but that the Republican base is so weak.

C. Collier

Well, I voted. And I voted “right”, in both senses of the word. (Correctly and conservatively).

Mike Smith

Thank you for voting straight-ticket Republican (constitutionalist-R Municipal, constitutionalist-R Primary and party-line General + all small government ballot initiatives).

There are still too few of us. This is the problem.

James miller

The 2md amendment does not say anything about “…to defend his home or business”. It says the right to bear arms shall not be infringed.

Me Now

There are 27 words in the 2nd Amendment, “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.” 

Rmullins

Exactly! The second amendment gives the states the right to form militia, which they all have, they are called the national guard. Gives the people, legalese for the state, to keep and bear arms. Therefor the states have the right to arm the militia forces but the individual person does not have that same right under the 2nd amendment. It’s in very simple language.

C. Collier

Why is it that, in each of the other enumerated rights, “the people” refers to an individual right, but when it comes to the 2nd, some believe that it refers to a collective right (the state)?

In the 1st, it’s not the right of the state to assemble peaceably, to have free speech, etc, but the right of individuals. In the 4th, it’s not the right of the state to be secure in its person, property, papers, etc, but the right of the individual. And again with the 5th and so on.

It has already by held by courts, including SCOTUS, that the rights held by “the people” are individual rights and not collective rights held by the “state”..

Ben

Exactly,can’t deal with liberal dumbasses

Mike

Um who cares anyone who breaks into my house leaves in a BODYBAG

Jess

So great a man with a knife comes into the place where you just happen to be. Pulls out his knife a starts stabbing people. What should you do? Try and get away, but you can’t he’s got you cornered dead to right your screwed, so he stabs you multiple times and you die. But what if you were carrying a weapon and you not only defend yourself but other people that he’s trying to kill too. So you take him out. He’s disabled he’s down, and can’t hurt or kill anyone else. If he can see that your caring do you think he’s going to think twice before stabbing anyone or maybe come after you first. Even if he dose you have the opportunity to defend your self and maybe others if the law changes it’s just putting the guns into peoples hand that shouldn’t have them your not changing anything, your arming the bad guys.

John

What if the sky is falling!

C E Voigtsberger

We had that happen right here in river city where a nut job fatally stabbed a man who was sitting in a restaurant with his family, including small children who had the sorrow of watching their father be fatally stabbed at dinner in front of them. Someone with a handgun could have stopped the nut job as soon as he pulled his knife out. But the nut job was sane enough to know that he was perfectly safe because no one was likely to be armed with a firearm while he proceeded with his bloody fantasies.

Keith

Agreed 9 out of 10 chances you wouldn’t even have to pull the trigger
Just by crooks knowing you might have a gun detures 80% of altercations

Randy L

It was my understanding that the US Supreme Court already ruled that all citizens have a 2nd Amendment Right to carry weapons including guns.

John

Why do you want to carry a assault rifle to wall mart, just ASKING!

Don

To stop shootings by bad guys..that’s why..

Steve

FOOL!!

Daggy

When, exactly, was the last time you’ve been to Walmart? Lol

Don

Tell that to all who died while being defenseless..

cntrygiant

So arm yourself/selves and you won’t be defenseless! Thats the point!

C E Voigtsberger

According to the Ninth Circus you don’t have the right. Don’t throw in the Constitution, it’s just some musty old ravings by some demented white men and doesn’t apply in 21st century yew nited states. So say those who would be kings.

Dotty Pringle

First, it’s not Gun Violence. Let’s truly call it what it is and put blame on the shooter. Guns don’t go off by themselves.

2nd Amendment has to do with a Tyrannical Government too. Let’s look at that side as well.