Firearms activists are pushing Democrats’ new anti-gun law all the way to the Supreme Court because it seems to rewrite the Second Amendment.
In ruling on Young v. State of Hawaii, the court this week said that openly having a gun is not constitutionally guarded outside your house, a very controversial opinion that comes up against numerous states that allow concealed and open carry.
And combined with a recent decision on concealed carry in 2018, now officials can prevent law abiding Americans from bringing a self-defense weapon with them when they leave home.
Judge Jay Bybee cited examples in history where colonists believed having a gun in public was a dangerous thing.
Hawaii has some of the strictest gun laws, limiting permits to only law enforcement. That compares to many states with no laws on concealed or open carry guns.
In dissent, Judge Diarmuid O’Scannlain stated that the court’s ruling removed the part of the Second Amendment that lets citizens “bear” arms, which he said meant outside their homes.
“Today, our court has ruled that the Second Amendment does not say what it says. They hold that while the Second Amendment might guard the right to own a firearm within one’s home, it does not give the right to bear — i.e., to carry — that same gun in any other place,” he said.
The decision has triggered anger in the gun supporter community.
“The ability to defend your family and yourself is the most basic of right of all,” said Lars Dalseide, spokesman for the NRA.
“With this ruling, the 9th Circuit has essentially removed that right as soon as you leave your home. This will affect the security of seven states, tens of millions of Americans, and the very foundation of this country,” he added.
Author: Blake Ambrose