Fear & Loading: Hawaii Court Upholds Open Carry

by
posted on July 25, 2018
** When you buy products through the links on our site, we may earn a commission that supports NRA's mission to protect, preserve and defend the Second Amendment. **
opencarryholster.jpg

A decision by the 9th U.S. Circuit Court of Appeals—based in San Francisco, Calif.—issued Tuesday determined open carry for self-defense is protected by the Second Amendment. “This is a critical issue for law-abiding gun owners who want to exercise their right to self-defense outside the home,” said Chris W. Cox, executive director, NRA-ILA. “The Second Amendment clearly protects the right to bear arms in public.”

The irony of the defense citing nearly 600-year-old British precedent didn’t escape Justice Diarmmuid F. O’Scannlain, either, who wrote, “… we respectfully decline the County’s and the State’s invitation to import English law wholesale into our Second Amendment jurisprudence.”

“The County and the State, apparently seeing little room to quarrel with American history, argue that the English right to carry weapons openly was limited for centuries by the 1328 Statute of Northampton, and that we should incorporate wholesale that understanding of English rights into our Constitution’s Second Amendment,” the 2-1 decision [PDF]states. “Exploring fourteenth century English law books (after a thorough dusting) reveals that the statute allowed no ordinary Englishman to ‘bring . . . force in affray of the peace, nor to go nor ride armed by night nor by day, in Fairs, Markets, nor in the presence of the Justices or other Ministers, nor in no part elsewhere.’”

The case stemmed from a challenge of Hawaii Revised Statute 134-9 by George K. Young Jr., who had multiple handgun permits denied by authorities because he didn’t qualify as an “exceptional case” for concealed carry and wasn’t working in the security industry. Firearm purchases in Hawaii require permits, and residents are only allowed to have guns at home, at work or during “sojourns.”   

“Thus, we hold that section 134-9’s limitation on the open carry of firearms to those ‘engaged in the protection of, life and property’ violates the core of the Second Amendment and is void,” wrote Justice O’Scannlain.  “… the County may not constitutionally enforce such a limitation on applicants for open carry licenses.”

Latest

TNW Firearms ASR 1911
TNW Firearms ASR 1911

Review: TNW Firearms ASR 1911

Reliable pistol-caliber carbines, especially with quick-caliber-change capability, are fun, and the ASR 1911 from TNW Firearms is one of the most unique of the bunch.

GOEX Resumes Black Powder Production

Voyager Technologies announced on Sept. 8 that the GOEX plant in Camp Minden, La.—the sole black powder manufacturing facility located in the United States—has been modernized and is back in production.

Today’s Makers of Yesterday’s Firearms

Original firearms from the American Revolution era are valuable and best preserved for posterity. For those who want to shoot them, several modern makers offer quality reproductions.

Left Turn (Bolt): Tikka's New Left-Handed T3x Ace Rifles

Lefties of the world unite and rejoice, as Tikka has announced left-hand versions of its award-winning T3x Ace chassis rifles.

The Armed Citizen® Sept. 14, 2026

Read today's "The Armed Citizen" entry for real stories of law-abiding citizens, past and present, who used their firearms to save lives.

Skills Check: Rifle Standard Delta 2

Carbine performance is all about maintaining control. The Rifle Standard Delta 2 is a drill that pressures recoil control, visual discipline and cadence as distance decreases and time compresses.

Interests



Get the best of American Rifleman delivered to your inbox.