Open CARRY ANYWHERE?!? Lawyer from 9th Circuit Trial Explains

Published on August 11, 2018
Duration: 21:30

This video features lawyer Steven Stambbleia discussing the Ninth Circuit Court of Appeals' ruling upholding open carry as constitutional in Hawaii. The discussion delves into the legal nuances of the case, the potential for further appeals, and the broader implications for Second Amendment rights across the United States. It also touches upon related legal battles concerning concealed carry, stun guns, and NFA item processing delays.

Quick Summary

The Ninth Circuit Court of Appeals has ruled that open carry is constitutional, a significant victory for Second Amendment advocates. However, the ruling is not yet final, as Hawaii's County is seeking a rehearing. This case highlights the ongoing legal battles over gun rights and the complexities of navigating firearm regulations across different jurisdictions.

Chapters

  1. 00:00Ninth Circuit Upholds Open Carry
  2. 01:01Case Background and Legal Team
  3. 03:06What the Ruling Means
  4. 04:39Legal Strategy in Hawaii
  5. 06:17Path Forward for Open Carry
  6. 07:37Worst-Case vs. Best-Case Scenarios
  7. 08:53Legal Limbo and Next Steps
  8. 10:21Comparison of State Carry Laws
  9. 11:18The Right to Open Carry
  10. 11:50Client's Story and Legal Challenges
  11. 13:11NFA Item Processing Delays
  12. 16:12Other Second Amendment Cases
  13. 17:07Self-Defense Tool Effectiveness
  14. 19:19Defining 'Arms' for Second Amendment
  15. 20:22Finding Legal Representation

Frequently Asked Questions

What did the Ninth Circuit Court of Appeals rule regarding open carry?

The Ninth Circuit Court of Appeals upheld open carry as constitutional. This decision has significant implications for gun rights in the western United States, although further legal challenges and appeals are anticipated.

What are the current challenges to open carry rights in Hawaii?

While Hawaii's laws theoretically permit open and concealed carry, the state has not issued permits, effectively denying these rights. The County of Hawaii is seeking to challenge the Ninth Circuit's ruling, indicating ongoing legal battles.

What is the significance of a rehearing en banc?

A rehearing en banc means the case will be reviewed by the full 11-judge panel of the Ninth Circuit, rather than the initial three-judge panel. This process is typically reserved for cases with significant legal implications or to resolve conflicting interpretations of law.

What is the current status of NFA item processing delays and appeals?

The FBI currently states they do not handle appeals for NFA items, despite their involvement in background checks. This stance is being challenged in court, as it potentially bypasses due process for individuals denied NFA items.

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