The 9th US Court of Appeals just ruled today that Americans have no 2nd amendment right to bear arms. The court, which previously ruled that citizens had no right to conceal carry, today ruled that there is no right to open carry, essentially ruling that the 2nd amendment is null and void.
BREAKING: The US Court of Appeals for the 9th Circuit just ruled that THERE IS NO RIGHT TO CARRY – either openly or concealed in public.— NRA (@NRA) March 24, 2021
This ruling impacts RTC laws in AK, HI, CA, AZ, OR, WA, & MT.
This was not an NRA case but we are exploring all options to rectify this.
In the ruling, the court wrote:
After careful review of the history of early English and American regulation of carrying arms openly in the public square, the en banc court concluded that 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 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, Hawai‘i’s firearms-carry scheme is lawful.”
Dissenting, Judge O’Scannlain, joined by Judges Callahan, Ikuta, and R. Nelson, would hold that both HRS § 134-9 and the 1997 County regulation destroy the core right to carry a gun for self-defense outside the home and are unconstitutional under any level of scrutiny. Judge O’Scannlain stated that the majority holds that while the Second Amendment may guarantee the right to keep a firearm for self-defense within one’s home, it provides no right whatsoever to bear—i.e., to carry—that same firearm for self-defense in any other place. In his view, the majority’s decision undermines not only the Constitution’s text, but also half a millennium of Anglo-American legal history, the Supreme Court’s decisions in District of Columbia v. Heller, 554 U.S. 570 (2008), and McDonald v. City of Chicago, 561 U.S. 742 (2010), and the foundational principles of American popular sovereignty itself.
Dissenting, Judge R. Nelson, joined by Judges Callahan and Ikuta, concurred with Judge O’Scannlain’s dissent concluding that Hawaii Revised Statute 134-9 violates the Second Amendment. Judge R. Nelson wrote that the majority erred not only in holding the statute facially constitutional, but also in rejecting Young’s as-applied challenge. He also wrote separately to highlight the brazenly unconstitutional County of Hawaii Regulations applying HRS § 134-9, stating that there should be no dispute that any law or regulation that restricts gun ownership only to security guards violates the Second Amendment.
While the ruling is sure to head to the Supreme Court, it is a troubling ruling in light of this current administration attack on the second amendment.
Biden calls for a ban on ‘assault weapons’ and ‘high-capacity magazines’
Yesterday, President Biden, while trying to use the Boulder mass-shooting as propaganda in his war on guns, announced that he is calling for a complete ban on so-called “assault weapons” and “high-capacity magazines”.
BREAKING: Biden calls for a ban on “assault weapons” and “high-capacity magazines” pic.twitter.com/U5VfqX28B4— Benny (@bennyjohnson) March 23, 2021