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