Young v. Hawaii, No. 12-17808 (9th Cir. 2018)
Annotate this CasePlaintiff filed suit under 42 U.S.C. 1983, alleging that defendants violated his Second Amendment right to carry a loaded firearm in public for self defense by denying his application for a firearms license. The Ninth Circuit held that, while the concealed carry of firearms categorically fell outside Second Amendment protection, the Second Amendment encompassed a right to carry a firearm openly in public for self defense. Therefore, H.R.S. 134-restricted plaintiff in exercising such right and thus burdened conduct protected by the Second Amendment. The panel held that Hawaii's limitation on the open carry of firearms to those engaged in the protection of life and property violated the core of the Second Amendment and was void under any level of scrutiny. The panel explained that restricting open carry to those whose job entail protecting life or property necessarily restricts open carry to a small and insulated subset of law-abiding citizens, and the typical, law-abiding citizen in the state was entirely foreclosed from exercising the core Second Amendment right to bear arms for self defense.
Court Description: Civil Rights. The panel reversed the district court’s dismissal of claims brought against the County of Hawaii, dismissed plaintiff’s appeal as to the State of Hawaii, and remanded, in plaintiff’s 42 U.S.C. § 1983 action alleging that the denial of his application for a handgun license violated his Second Amendment right to carry a loaded firearm in public for self- defense. The County of Hawaii’s Chief of Police denied plaintiff’s application to carry a handgun because he failed to satisfy Hawaii’s licensing requirements, as set forth in section 134-9 of the Hawaii Revised Statutes. Section 134-9 acts as a limited exception to the State of Hawaii’s “Place[s] to Keep” statutes, which generally require that gun owners keep their firearms at their “place of business, residence, or sojourn.” H.R.S. §§ 134-23, 134-24, 134-25. The exception allows citizens to obtain a license to carry a loaded handgun in public, either concealed or openly, under certain circumstances. Plaintiff alleged that the County violated the Second Amendment by enforcing against him the State’s limitations in section 134-9 on the open carry of firearms to those “engaged in the protection of life and property” and on the concealed carry of firearms to those who can demonstrate an “exceptional case.” The panel acknowledged that while the concealed carry of firearms categorically falls outside Second Amendment
The court issued a subsequent related opinion or order on February 8, 2019.
The court issued a subsequent related opinion or order on March 24, 2021.
The court issued a subsequent related opinion or order on August 19, 2022.
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