Ninth Circuit Court of Appeals ruled states may restrict open carry

By Mario Lotmore  |  Lynnwood Times Staff

San Francisco, Cali., March 24 – In a 7-4 ruling, the Ninth U.S. Circuit Court of Appeals in San Francisco upheld a Hawaii law that required applicants seeking a license to openly carry must demonstrate “the urgency or the need” to carry.  In effect, the ruling bans residents from openly carrying firearms without a license. Police and members of the armed forces are exempt.

To view the full decision click here.

The seven majority were judges: Sidney R. Thomas, M. Margaret McKeown, Kim McLane Wardlaw, William A. Fletcher, Richard R. Clifton, Jay S. Bybee, and Michelle T. Friedland. According to the majority’s decision was based on the historical precedent set by early English and American regulation of carrying arms openly in the public square.

“Hawai‘i’s restrictions on the open carrying of firearms reflect longstanding prohibitions, and therefore, the conduct they regulate is outside the historical scope of the Second Amendment… the Second Amendment does not guarantee an unfettered, general right to openly carry arms in public for individual self-defense.,” according to Jay S. Bybee representing the opinion of the majority.

Dissenting, Judge Diarmuid F. O’Scannlain, joined by Judges Consuelo M. Callahan, Sandra S. Ikuta, and Ryan D. Nelson. According to Judge O’Scannlain, “The majority’s decision undermines not only the Constitution’s text, but also half a millennium of Anglo-American legal history.” The decision is likely to help push the Supreme Court to review the issue

Mario Lotmore

Mario Lotmore is originally from The Bahamas and for the last seven years has called Mukilteo, WA his home. Having lived in every region of the United States has exposed him to various cultures, people, and approaches to life. Lotmore created the Lynnwood Times to represent the character of a diverse and growing Lynnwood. The launching of the city’s community newspaper will only help bring neighborhoods together. Lotmore was an industrial engineer by trade and proven success implementing and managing lean accountable processes and policies within his eighteen years of operations excellence, strategic development, and project management in the aerospace, manufacturing, and banking industries. Over his career he has saved and created hundreds of union and non-union jobs. Lotmore is the President of a Homeowner Association, an active Science Technology Engineering and Mathematics volunteer in his community, and former Boeing 747 Diversity Council leader. Mario’s talent is finding “that recipe” of shared destiny to effectively improve the quality of life for others.

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3 thoughts on “Ninth Circuit Court of Appeals ruled states may restrict open carry

  • April 3, 2021 at 1:13 AM

    Who chose the picture for this post? Why’d you choose this particular picture? There are plenty of current pictures of white supremacists openly carrying guns on the capital steps! I agree that there should be restrictions, but I am offended with the picture used for this article!

    • March 31, 2021 at 4:47 PM

      Thank goodness!


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