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Open Carry vs. Right to Carry: Legal News

In California, the Attorney General’s Office is pushing the 9th US Circuit Court of Appeals to consider two major Second Amendment cases en banc to clarify Federal case law. There is a case currently on appeal before the three-judge panel which:

“…involves a question of exceptional importance: whether California’s system of regulating where and how people may carry firearms in public places is consistent with the Second Amendment.” On Friday, the Deputy Solicitor General asked the court in an unusual move to immediately take the case en banc, even though the court has not issued an opinion. In Flanagan v. Becerra, 18-55717 (9th Cir., filed August 17, 2016, concealed carry permits were denied despite the plaintiffs arguing their need for firearms in defense of self. In Peruta v. County of San Diego, 824 F.3d 919, 927 (9th Cir. 2016), the court ruled that the Second Amendment did not establish a “right for members of the general public to carry concealed firearms in public.” In Peruta, the court did NOT address whether open carry is approved.

Hawaii has recently decided to join the self-defense legal debate to establish a “right for members of the general public to carry concealed firearms in public.” In Young v. State of Hawaii, et.al, (9th Cir. July 24, 2018) the court struck down Hawaii’s licensing system as unconstitutional for the open carry of firearms.

This is very important legal news for Second Amendment advocates in setting up the conflicts between states as the US House of Representative has now passed a bill allowing for concealed carry across state lines. This debate is now heading to the Senate. What do you think?

If you have been involved with a firearm issue, whether concealed or open carry in California, the Law Offices of Virginia L. Landry, Inc. are here to help you understand your rights, as they are now, and as we hope them to be in the future. www.orangecountycriminallaw.com

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