Issue could be taken up by the Supreme Court
In the wake of mass shootings in Boulder, Colorado and Atlanta, Georgia, a California-based federal appeals court decided Wednesday that states may restrict the open carrying of guns without violating the Second Amendment.
In a 7-4 decision, an en banc panel of the U.S. 9th Circuit Court of Appeals upheld a county law in Hawaii that has severely limited permits for open carrying of guns.
“The government may regulate, and even prohibit, in public places — including government buildings, churches, schools, and markets — the open carrying of small arms capable of being concealed, whether they are carried concealed or openly,” Judge Jay Bybee, appointed by President George W. Bush, wrote for the majority.
The en banc court held that the Second Amendment does not guarantee an unfettered, general right to openly carry arms in public for individual self-defense. Accordingly, Hawaii’s firearms-carry scheme is lawful.
The ruling is spurring quite a debate and is likely to help push the issue to the Supreme Court for review. Mike Hammond, Legislative Counsel for Gun Owners of America, is here to discuss the ruling and whether it violates the Second Amendment.
Wednesday’s ruling further shows that the en banc court affirmed the district court’s dismissal of an action challenging Hawaii’s firearm licensing law, which requires that residents seeking a 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 en banc court noted that this Court has previously held that individuals do not have a Second Amendment right to carry concealed weapons in public. The en banc court held that the Second Amendment does not guarantee an unfettered, general right to openly carry arms in public for individual self-defense. Accordingly, Hawaii’s firearms-carry scheme is lawful.
Federal appellate courts have handed down conflicting rulings on gun laws that only the high court can resolve.
Judge O’Scannlain, joined by Judges Callahan, Ikuta, and R. Nelson, offered the dissenting opinion and held that the Hawaii law and regulation destroy the core right to carry a gun for self-defense outside the home and are unconstitutional under any level of scrutiny.
Questions:
1. How does this ruling violate the Second Amendment?
2. Explain why the law in Hawaii and other states could be challenged in the Supreme Court?
3. What does this ruling mean amid the Gun Control debate that is now underway?
4. Why are open carry laws so important to gun owners? Do they help protect others in mass shooting events like the ones in Colorado and Atlanta?
About Michael Hammond
Michael E. Hammond is the Legislative Counsel for Gun Owners of America. Having spent the better part of his career in government service, he has been a legislative counsel to Senators Bob Smith (R-NH), Gordon Humphrey (R-NH), Jesse Helms (R-NC), and Steve Symms (R-ID). He has served as Special Assistant and Legislative Assistant to Senator Harry Byrd (I-VA) and Senator James Buckley (R-NY), respectively. In 1980, Mr. Hammond was a member of the Department of Education Transition Team and the Department of Justice Transition Team. From 1977 to 1989, Michael served as General Counsel to the U.S. Senate Steering Committee. Mr. Hammond received his B.A. magna cum laude from Washington University and his J.D. from the New York University School of Law.
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