One of America’s federal appeals courts has gone completely haywire in their latest ruling that Americans do not reserve the right under the Constitution to carry guns in public spaces.
The 9th U.S. Circuit Court of Appeals has rejected an appeal in a 7-4 ruling based on the notion that “There is no right to carry arms openly in public; nor is any such right within the scope of the Second Amendment,” Judge Jay Bybee wrote in the majority opinion.
The ruling rejected a challenge by Hawaii resident George Young who applied twice for a license to carry, but was denied on the basis of state restrictions. Young then sued Hawaii for denying his Second Amendment right.
Hawaii law requires residents to show an urgent need to carry guns in public, have good character, and use the firearm only in the interest of protecting life and property.
This is a common problem in Democrat-run states, such as California, where regular law-abiding citizens are commonly denied carry permits because the state decided the applicants don’t meet their arbitrary and unconstitutional requirements.
Judge Bybee added in his majority opinion, “the contours of the government’s power to regulate arms in the public square is at least this: 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.”
Disregarding the Second Amendment, he said, “History is messy and, as we anticipated, the record is not uniform, but the overwhelming evidence from the states’ constitutions and statutes, the cases, and the commentaries confirms that we have never assumed that individuals have an unfettered right to carry weapons in public spaces.”
I’m no judge, but I know the text of the Second Amendment of the United States Constitution is clear.
“A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.”
American citizens clearly have the right to “keep and bear” firearms as they will, meaning they can own a gun and carry that gun at their own discretion. The amendment does not say “history is messy” or give the government any excuse or power whatsoever to restrict our gun rights.
Every time gun control arises as a topic of discussion in the public square, I feel the need to repeat this crucial definition for those who seem unable to recall.
Judge Diarmuid O’Scannlain wrote in his dissenting opinion acknowledged this definition of the Second Amendment as most Americans understand it.
“The Second Amendment to the United States Constitution guarantees ‘the right of the people to keep and bear Arms,’” he wrote.
“Today, a majority of our court has decided that the Second Amendment does not mean what it says. Instead, 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.”
O’Scannlain and the other dissenting judges refused to bend the knee to the Left’s latest progressive cause, and instead, stood up for the U.S. Constitution.
Thankfully, this case isn’t closed yet.
One of America’s most powerful gun advocacy groups, the National Rifle Association, has vowed to “rectify” the 9th U.S. Circuit Court of Appeals decision.
The NRA wrote on Twitter, “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. 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.”
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.
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.
— NRA (@NRA) March 24, 2021
Clearly, activist judges think it’s acceptable to disregard the Constitution as if it’s an antiquated text that is virtually meaningless.
But amid a series of mass shootings across America, law-abiding citizens must be allowed to carry firearms in public now more than ever in the urgent interest of self-defense. If criminals don’t follow the law anyway, it’s a crime against Americans to disarm them during their time of need.