Open Carry in Public is a Constitutional Right (but not concealed carry)

Published on July 25, 2018
Duration: 7:13

This video analyzes a 9th Circuit Court of Appeals ruling affirming open carry as a constitutionally protected individual right for self-defense. It clarifies that while reasonable restrictions on carrying firearms are permissible, states cannot prohibit both open and concealed carry without placing an undue burden on constitutional rights. The ruling implies that if open carry is banned, concealed carry must be generally accessible, or vice-versa, to avoid infringing on the right to self-defense.

Quick Summary

The 9th Circuit Court of Appeals has ruled that open carry is a constitutionally protected individual right for self-defense. This means states cannot ban both open and concealed carry, as doing so places an undue burden on citizens' Second Amendment rights.

Chapters

  1. 00:13Introduction & Ruling Overview
  2. 01:02Case Summary: Hawaii & Open Carry
  3. 01:30Open Carry as a Constitutional Right
  4. 01:53Reasonable Restrictions vs. Undue Burden
  5. 02:40Open Carry vs. Concealed Carry Rights
  6. 03:24Significance of the Ruling (Heller Comparison)
  7. 04:02Impact on State Laws (CA, WA, HI)
  8. 04:17Analysis of the Dissenting Opinion
  9. 04:39Supreme Court Implications & Justice Appointments
  10. 05:359th Circuit's Stance & Precedent
  11. 06:16Conclusion & Call to Action

Frequently Asked Questions

What did the 9th Circuit Court of Appeals rule regarding open carry?

The 9th Circuit Court of Appeals ruled that open carry is a constitutionally protected individual right for the purpose of self-defense. This means states cannot outright ban open carry without potentially infringing on Second Amendment rights.

Can states still place restrictions on carrying firearms?

Yes, states can implement reasonable restrictions on firearm carry. However, the 9th Circuit ruling emphasizes that these restrictions cannot create an undue burden by prohibiting both open and concealed carry simultaneously.

What is the implication of the ruling for concealed carry permits?

If a state chooses to restrict open carry, it must generally allow for concealed carry permits to be issued to avoid burdening the constitutional right to self-defense. Conversely, if concealed carry is restricted, open carry must be generally accessible.

How significant is this 9th Circuit ruling for Second Amendment rights?

This ruling is considered highly significant, drawing comparisons to landmark cases like Heller. It reaffirms the individual right to carry a handgun for self-defense and could set a new precedent if taken up by the Supreme Court.

Related News

All News →

More 2nd Amendment & Law Videos You Might Like

More from TheYankeeMarshal

View all →