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

Shortage
Shortage

Suppressor Demand Outpaces Production

The demand for suppressors is setting new records. National Firearm Act (NFA) item purchases in September—primarily suppressors—more than doubled compared to the same month in 2025.

Book Review | Five Decades of a Fabulous Firearm: Celebrating the 50th Anniversary of the Beretta 92 Pistol Series

In this wide-ranging book, you’ll find a history of Beretta, discussion of developments leading to the Model 1951/951 Brigadier, its evolution into the Model 92 and the U.S. military’s adoption of the platform (as the M9) in 1985.

Review: Galco Revenger Holster & SB7 Gun Belt

For those who choose to carry a finely finished, K-frame revolver, Galco offers one of its finest concealed-carry setups in the form of its Revenger holster and SB7 gun belt.

Rimfire Power: The Primary Arms CLx 1-6x24 mm Riflescope with ACSS 22LR G2 Reticle

Low-power variable optics have become popular options for today's AR-15s and other modern sporting rifles, and Primary Arms now offers an option tailored for rimfire versions of those same guns.

Gun of the Week: Walther Arms PDP F-Series Pro-X PMM

One of Walther Arms' recent introductions combines the features of several other PDP handguns, meaning the Walther PDP F-Series Pro-X PMM is packed with a number of different design elements.

The Armed Citizen® Oct. 30, 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.

Interests



Get the best of American Rifleman delivered to your inbox.