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U.S. Supreme Court,
Constitutional Law,
9th U.S. Circuit Court of Appeals

Mar. 25, 2021

Circuit says open gun carry can be outlawed

In a 7-4 decision by an en banc panel of the 9th U.S. Circuit Court of Appeals, Judge Jay S. Bybee, writing for the majority, held the government “may regulate, and even prohibit, in public places — including government buildings, churches, schools, and markets — the open carrying of small arms capable of being concealed.”

Finding a centuries old Hawaiian law that requires residents to obtain a license to carry a firearm in public rests "outside the historical scope of the Second Amendment," a divided federal appeals court denied a challenge to the law Wednesday and decided states can restrict the open carrying of guns in public without violating the U.S. Constitution.

In a 7-4 decision by an en banc panel of the 9th U.S. Circuit Court of Appeals, Geor...

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