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Mrs. Peel

(Hawaii) Appeals Court Affirms Constitutional Right to Carry Gun in Public

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Another interesting ruling from the 9th circuit. Frankly, I'm a little confused by what it all means! It seems they have said in this particular case, "No! Hawaii may not restrict the citizenry to carrying ONLY within their home." On the other hand, it seems it left another earlier ruling in place that doesn't guarantee a right to carry outside the house either.

Sooo…. what's that all mean? I guess as it stands now, the state doesn't have to say "everyone can carry in public" but nor can they say "No one can carry in public"...? In other words, it still allows Hawaii to place SOME restrictions? So, I guess the next cases will test what restrictions are reasonable...? And which are not? (Much like we're challenging the concept of justifiable need in NJ?)

https://www.reuters.com/article/us-usa-guns-court/u-s-appeals-court-constitution-gives-right-to-carry-gun-in-public-idUSKBN1KE28C?feedType=RSS&feedName=domesticNews&utm_medium=Social&utm_source=Twitter

Anyway, my head hurts... and I don't have time to research other articles that might provide more clarity. If someone has greater insight, or can verify that I'm understanding this correctly...feel free to weigh in. Thx.

 

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Stolen from someone on FB...

"They decided Peruta v County of San Diego on the same grounds. The right is to both keep and bear arms. Since California (thanks to the NRA and Ronnie Reagan) prohibits open carry, California must allow concealed carry for the "bearing" of arms. Peruta was then reversed en banc and cert denied by the Supremes."

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Judging soley by the wording of the Reuter's article you linked to, perhaps the distinction is between "openly carrying" vs "concealed carry".  Ie this new ruling is in favor of open carry outside the home while the earlier ruling may speak to concealed carry in particular not being allowed in public.  Would need to read the court document itself but no time now to do that at the moment.

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Yeah, you are both correct - it's about the difference between concealed and open carry.

Looks like this one, too, could be on its way to SCOTUS. I found a better article - makes things a bit more clear: https://reason.com/volokh/2018/07/24/ninth-circuit-second-amendment-secures-r

 

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