Second Amendment: Court of Appeals says states may ban open carrying of firearms



“There is no right to carry weapons in public,” wrote George W. Bush’s nominee, Judge Jay Byby, by a majority vote. And there is no such right in place of the Second Amendment. “

The ruling comes at a time of heated national debate over the scope of the Second Amendment, following the mass shootings in Colorado and Atlanta this month. The White House is weighing whether it will take several gun safety measures through executive action as it publicly pressures Congress to move toward legislation aimed at curbing violence.

Hawaii law specifically prohibits residents from carrying weapons openly if they do not have a license. Licenses are issued only to residents who may have proof of the need for firearms for reasons of fear of injury to “the person or property”.

“At least this outlines the government’s power to regulate weapons in public squares: the government can regulate and even prohibit in public places, including government buildings, churches, schools and markets,” Byby wrote. Small arms capable of concealment, whether concealed or in public. “

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“Our review of more than 700 years of English and American legal history has revealed a strong theme: the government has the power to regulate firearms in public squares,” he added.

“History is awkward and, as we have guessed, the record is not the same, but the overwhelming evidence of states’ constitutions and laws, cases and comments assures us that we have never assumed that individuals have an inalienable right to carry weapons. . “

Disagreeing with the other three judges, Judge Diarmud O’Scanlan said the ruling made the second amendment “inclblot”.

‘Second Amendment to the Constitution of the United States’ guarantees the right of the people to own and possess arms. ‘

“Today, our court has taken a majority that does not say what the Second Amendment means. Instead, the majority believes that while the Second Amendment may guarantee the right to possess a weapon for self-defense inside one’s home, but it does not provide any. The same firearm for self-defense on the spot – that is, to carry. “

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If the Supreme Court hears the case, it will bring a rare judgment from the High Court on the scope of the Second Amendment, an issue it has pushed since it issued two landmark views in 2008 and 2010.

Gun rights advocates and some judges have also expressed frustration that the court has refused to define the scope of the right as it recognizes sanctions by the country’s lower courts.

Neil Katyal, a former top lawyer in the Obama administration who sued Hawaii last fall Tweeted, “It’s really a victory for the state of Hawaii” and “Gun regulation in the common sense everywhere.”

CNN’s Arian de Vogue contributes to this report.

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