Contrary to the US Constitution’s (and numerous individual state constitutions’) statement that there is a right to “bear arms,” the 9th Circuit Court has ruled that Americans have no such right to carry guns in public. This was decided in spite of the US Supreme Court’s District of Columbia v Heller decision which said of bearing arms that it is “unambiguously used to refer to the carrying of weapons outside of an organized militia.” However, the 9th Circuit appears to be hoping that because the Heller decision was narrowly decided upon a law that made bearing arms illegal in the home, that their decision against public carry is somehow valid.
A federal appeals court ruled Wednesday that there is no right to carry a gun in public.
The 9th U.S. Circuit Court of Appeals rejected a challenge to Hawaii’s requirement that residents must pass an application to have weapons outside the home.
“There is no right to carry arms openly in public; nor is any such right within the scope of the Second Amendment,” the court ruled in an “en banc” decision that involved all the panel’s judges.
“We can find no general right to carry arms into the public square for self-defense,” the majority wrote, claiming that the Second Amendment applies to the “defense of hearth and home.”
“The power of the government to regulate carrying arms in the public square does not infringe in any way on the right of an individual to defend his home or business,” the judges wrote.
The court noted that “we have previously held that individuals do not have a Second Amendment right to carry concealed weapons in public” which means people in the West Coast states it covers have no right to carry a firearm in any capacity in public.
The National Rifle Association noted the impact of the decision and said it would not stand.
“The US Court of Appeals for the 9th Circuit just ruled that THERE IS NO RIGHT TO CARRY – either openly or concealed in public. This ruling impacts RTC laws in AK, HI, CA, AZ, OR, WA, & MT. This was not an NRA case but we are exploring all options to rectify this,” the gun-rights group wrote on Twitter.