America is on its way to returning to the days of the Wild West.
— Guy de Michêl
The day is approaching when American citizens will be allowed to openly carry guns in public for self defense in all 50 states.
The “right to bear arms,” as stated in the Second Amendment to the U.S. Constitution, is currently controlled by individual states.
But America’s largest appeals court, the Ninth Circuit based in the west, ruled Tuesday that openly carrying a firearm in public is clearly permitted under the U.S. Constitution — and therefore, it is argued, should be the law of the land.
The question of whether to allow all American citizens to openly carry firearms in public is expected to come before the Supreme Court during the current administration, with gun advocate President Trump calling the shots.
Currently, the Supreme Court, in a 2008 ruling, only allows citizens to have guns in their homes, but the justices have yet to decide whether the same is true for public carrying. That will change as Trump continues to change the make-up of the court.
The Ninth Circuit Court ruling by a three-judge panel upended a stance by the State of Hawaii that citizens are only protected under the Second Amendment to openly carry firearms in their own homes.
Reuters reports that the ruling stems from a case brought by an Hawaiian resident after a state official denied his application for a permit to carry a gun outside.
A District Court in Hawaii ruled that the denial did not infringe the citizen’s rights as protected by the Second Amendment, but the Ninth Circuit panel disagreed.
“We do not take lightly the problem of gun violence,” wrote Judge Diarmuid O’Scannlain of the Ninth Circuit in the ruling, “but, for better or for worse, the Second Amendment does protect a right to carry a firearm in public for self-defense.”
The latest open-carry ruling follows a decision by a Ninth Circuit panel which upheld the ruling that had blocked California’s “high capacity” magazine ban.
Forty states have provisions that protect the right to own and bear firearms, similar to what’s written in the Second Amendment. Some of the states that do not have this protection are California, Minnesota, Maryland, Iowa, New Jersey and New York.