9th U.S. Circuit Court of Appeals,
Constitutional Law,
U.S. Supreme Court
Apr. 7, 2021
Deep historical review suggests no unfettered constitutional right to open carry
If the Supreme Court addresses public carry, and if it concludes there is some such unfettered right under the Second Amendment, it will have to think long and hard about whether such a right, perhaps untethered from history, justifies the undeniable effect on our streets from the greater availability and presence of guns.
Hall of Justice
Simon J. Frankel
Judge
Preliminary Hearings
Yale Law School
Simon serves as chair of the firm's Intellectual Property Rights practice.
In a case that may well go to the U.S. Supreme Court, the en banc 9th U.S. Circuit Court of Appeals held on March 24 that there is no unfettered constitutional right to carry small firearms openly in public. Young v. Hawai'i, 2021 DJDAR 2628. The court's decision appears to be the first appellate ruling that broadly accepts as constitutional restrictions on carrying guns in public -...
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