Friday, March 29, 2024
Hawai'i Free Press

Current Articles | Archives

Thursday, August 2, 2018
Gun advocates need to tread carefully, despite Young v. Hawaii victory
By Selected News Articles @ 2:59 AM :: 4570 Views :: Second Amendment

Gun advocates need to tread carefully, despite Young v. Hawaii victory

by Tyler Yzaguirre, Washington Examiner, August 1, 2018

Last week, Second Amendment advocates received a stunning victory from the liberal 9th Circuit Court of Appeals, which ruled in Young v. Hawaii that the Second Amendment protects the right to open carry firearms for self-defense. The decision went a step further for gun rights, explaining that citizens may carry a loaded handgun openly or concealed for self-defense.

In regards to the Young victory, Dick Heller from the magnificent District of Columbia v. Heller decision of 2008 said, “There is no doubt that this is a major Second Amendment victory. The floodgates have been opened for more open carry challenges to come before the judicial system.”

But tread carefully.

The Supreme Court is the final law of the land, meaning that only the Supreme Court can hand down a ruling that affects all 50 states. Some people may take this ruling from the 9th Circuit and assume it automatically enables residents from every state to open carry a handgun, which would be a bad assumption with harsh consequences. This victory does not give you a pass to open carry in states that prohibit it. According to the Giffords Law Center, states with a complete blanket ban on open carry of a handgun include California, Florida, Illinois, New York, South Carolina, New Jersey, and Washington, D.C. You should, of course, always check with your states' attorney general before open carrying a firearm. For updated information, Gunstocarry.com provides a very detailed list.

The ruling from the three-judge panel of the 9th Circuit will most certainly be overturned by the full 9th Circuit, which in legal terminology is known as en banc (the full court). There are too many far-left judges on the 9th Circuit for this Second Amendment victory to stand. This may seem like a loss, but in the grand scheme of things, it could turn into a major victory at the Supreme Court.

If the en banc 9th Circuit overturns Young, then Alan Beck, the attorney who won Young’s case, will almost certainly petition to the Supreme Court. Assuming that Judge Brett Kavanaugh is confirmed by that point, the case will likely meet the "rule of four," which means that four justices must agree to hear a case for it to be brought before the Supreme Court.

When asked about his position on the Supreme Court, Beck responded, “I am very happy that the 9th Circuit vindicated my clients’ Second Amendment rights and we are prepared to litigate this to the Supreme Court if need be.”

The process of challenging the 9th Circuit's three-judge panel is long and tedious. If the Supreme Court decides to take the case, should the full 9th Circuit Panel overturn the decision, open carry of a handgun for self-defense would become legal in all 50 states, including Washington, D.C. This Second Amendment victory would make the Left go crazy, and what would really sweeten a victory from the Supreme Court is that they can’t challenge it — and no liberal judge can activate an injunction against the ruling.

Tyler Yzaguirre (@realtyleryz) is the founder and president of the Second Amendment Institute.

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

808 Silent Majority

Aloha Pregnancy Care Center

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii

FIRE

Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

HIEC.Coop

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Moms for Liberty

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

July 4 in Hawaii

Kakaako Cares

Keep Hawaii's Heroes

Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

MentalIllnessPolicy.org

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Christian Foundation Hawaii

National Parents Org Hawaii

NFIB Hawaii News

No GMO Means No Aloha

Not Dead Yet, Hawaii

NRA-ILA Hawaii

Oahu Alternative Transport

Obookiah

OHA Lies

Opt Out Today

OurFutureHawaii.com

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

P.U.E.O.

RailRipoff.com

Rental by Owner Awareness Assn

ReRoute the Rail

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

School Choice in Hawaii

SenatorFong.com

Sink the Jones Act

Statehood for Guam

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

UCC Truths

US Tax Foundation Hawaii Info

VAREP Honolulu

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii

Yes2TMT