When Judges Don’t Read The U.S. Constitution

Yesterday The Washington Times posted an article about a recent decision by the 9th U.S. Circuit Court of Appeals.

The article reports:

A federal appeals court ruled Wednesday that there is no right to carry a gun in public.

The 9th U.S. Circuit Court of Appeals in a 7-4 ruling rejected a challenge to Hawaii’s requirement that residents must pass an application to have weapons outside the home.

Hawaii’s law requires residents to show an urgency or need to carry a firearm, the applicant must have good character, and he or she must be “engaged in the protection of life and property.”

The Second Amendment states:

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.

The article continues:

George Young applied twice for a firearm carry license, but was denied. He unsuccessfully sued Hawaii officials over the restrictions.

“There is no right to carry arms openly in public; nor is any such right within the scope of the Second Amendment,” the court ruled in an “en banc” decision that involved 11 of the panel’s judges.

The article concludes:

Four of the panel’s judges disagreed with the ruling, arguing the state regulations destroyed the right to carry a gun for self-defense outside of the home. 

“This holding is as unprecedented as it is extreme,” wrote Judge Diarmuid  O’Scannlain, a Reagan appointee.

The National Rifle Association said it would not allow the ruling to stand.

“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,” the gun-rights group wrote on Twitter.

Blue states saw the ruling as a green light to implement strict firearm laws.

Gurbir Grewal, New Jersey’s attorney general, said he was proud to lead 10 states that filed a brief in the legal battle to support firearm safety laws.

“Today the Ninth Circuit agreed that laws that limit carrying guns in public are constitutional,” he wrote on Twitter.

Some of my concealed carry permit holder friends believe that the right to concealed carry is enshrined in the Second Amendment. It seems to me that you could make a better case for that interpretation of the Constitution than the interpretation by the 9th Circuit.