A big victory in the battle for gun rights was handed down by an unlikely court on Tuesday, as the Ninth Circuit Court of Appeals ruled open carry is a Constitutional right.
The Court, which is known for left-leaning decisions, cited the Second Amendment in their ruling. “We do not take lightly the problem of gun violence,” Judge Diarmuid O’Scannlain wrote. “But, for better or for worse, the Second Amendment does protect a right to carry a firearm in public for self-defense.”
The ruling states Hawaiian officials violated George Young’s rights by denying him a permit to openly carry a loaded gun in public.
— NRA (@NRA) July 24, 2018
Curiously, the same Court ruled a year ago that the Second Amendment does not protect concealed carry. The opposing rulings could lead to future litigation as states ask for clarification.
Many Republican members of Congress have expressed their concerns over limitations to open carry. Although, some Republicans have declared they are against it. “There’s just something about strapping a pistol to your side and walking around in public,” Republican Rep. Steven Palazzo of Mississippi said in 2013. “I do know if I’m in a restaurant and someone comes in with a gun on their side I’m probably going to you know get out of there as quick as possible and take my family and business elsewhere,” Palazzo went on to say.
The Second Amendment of the Constitution is a part of the Bill of Rights. The short, one sentence amendment reads, “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.”