The 9th Circuit Court of Appeals upheld a Hawaii gun regulation, ruling Wednesday that states can restrict the right to openly carry a firearm in public.
The 7-4 decision said restrictions on carrying guns in public do not fall within the scope of what is protected by the Second Amendment.
"We have never assumed that individuals have an unfettered right to carry weapons in public spaces," the majority ruled. "Indeed, we can find no general right to carry arms into the public square for self defense."
"The en banc court held that the Second Amendment does not guarantee an unfettered, general right to openly carry arms in public for individual self-defense. Accordingly, Hawaii�s firearms-carry scheme is lawful."
The case was brought by George Young, who applied for a license twice in 2011 to carry a gun in public either openly or concealed and was denied both times because he didn't prove the "urgency or the need" to openly carry a firearm in public, the decision said. Instead, Young relied on his "general desire to carry a firearm for self-defense."
Under Hawaii's law, residents have to show the "urgency or the need" to carry a firearm in public and must be of good moral character and "engaged in the protection of life and property."http://ace.mu.nu/archives/393341.php