by Bob Walsh
Acting on Tuesday a three-judge panel of the Ninth Circuit Court of Appeals recognized that the Second Amendment DOES in fact protect an individual right to bear arms in public in the case of Young vs. Hawaii.
Among other things the ruling, which had extensive historical research, stated "Just as the Second Amendment does not protect a right to bear arms only in connection with a militia, it surely does not protect a right to bear arms only as a security guard." Further the ruling stated, "But, for better or worse, the Second Amendment does protect a right to carry a firearm in public for self-defense." The ruling notes that no concealed carry license had EVER been granted by the county in which Young resides, seeming to indicated that no one within the county has ever had good cause to be issued a concealed carry license.
This puts the case somewhat at odds with a ruling by the entire Ninth Circuit two years ago in Peruta vs. San Diego County. In that case SCOTUS refused to hear the case, leaving the anti-2A ruling intact. It seems this is likely to set things up for a new referral to SCOTUS which, in light of the Heller decision and recent changes in the court, is likely to be good for fans of the Constitution.
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