Appellate attorneys will again argue before the Ninth Circuit Court of Appeals the issue of whether "the Second Amendment of the U.S. Constitution protects the right to openly carry guns in self-defense." According to Reuters, the Ninth Circuit will convene and hear arguments before the entire appellate panel in Young v Hawaii et al, 9th U.S. Circuit Court of Appeals, No. 12-00336. In a recent decision by the court, the majority of the court found that Hawaii had violated the Second Amendment rights of George Young when it denied him a permit to openly carry a loaded gun in public. In a dissent, it was argued that the Second Amendment only applies to the protection of "hearth and home."

Two years prior to this decision, the Ninth Circuit granted a rehearing in a similar case and the "full 9th Circuit panel found no right to carry concealed guns in public." An attorney for Mr. Young has stated that his "client has made it clear he wants to keep fighting as long as it takes.” Given the fact that the U.S. Supreme Court has recently taken up a New York case regarding strict gun laws, this may be another case that makes its way to the Supreme Court.

Written by:   Alexandra Siskopoulos, Esq.

Telephone:   (646) 942-1798

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