HUGE NEWS- 9th Circuit Ruling on Open Carry – The Legal Brief
HUGE NEWS- 9th Circuit Ruling on Open Carry – The Legal Brief

Welcome back to The Legal Brief, the show
where we CRUSH the various legal myths and misinformation surrounding various areas of
the gun world. I’m your host Adam Kraut and today we’re talking
about the traditionally anti-gun 9th Circuit confirming that openly carrying a gun in public
is protected by the Second Amendment. Yes, you heard me correctly. The court that oversees 9 states including
California, Washington Oregon and Hawaii, some of the most anti-freedom states in the
union, has confirmed that open carry is covered by the Second Amendment. A little bit of background is needed. This all started in Hawaii, specifically on
the big island. Hawaii is certainly not known for being the
most gun friendly place in our country. The law there generally requires that gun
owners keep their firearms at their place of business, residence or sojourn. As with almost everything, there are exceptions. In this case, the exception allows citizens
to obtain a license to carry a loaded handgun, either openly or concealed, in certain circumstances. To carry a concealed firearm, a person must
show reason to fear injury to their person or property. Alternatively, in order to obtain a license
to open carry a firearm, the person must show that urgency or need has been established
and that they are engaged in the protection of life and property. Compound this with the County’s regulation
that open carry is proper only when the license-holder is “in the actual performance of his duties
or within the area of his assignment,” and you can see what a mess this will be. And as you may have guessed, without a license,
a person may only transport an unloaded firearm, in an enclosed container, to and from a place
of repair, target range, licensed dealer, firearms exhibit, hunting ground, or police
station, and can only use those firearms while “actually engaged” in hunting or target shooting. Now, the actual case at hand, George Young,
had applied two separate times in 2011 for a license to carry a handgun, either openly
or concealed. Given Hawaii’s draconian laws, he was denied
a license on both occasions. So he sued, arguing that the County of Hawaii
violated his Second Amendment rights by enforcing the state’s limitations on issuing those licenses. The County in turn argued that the Peruta
case, already address his arguments because the 9th Circuit had already ruled there was
no Second Amendment right to carry concealed firearms in public. For those that don’t remember, Peruta challenged
California’s requirement that an applicant show “good cause” that distinguishes them
from the mainstream and places them in harm’s way. In that case, the 9th Circuit ruled that there
was no violation of the Second Amendment. However, as the Court acknowledged, it had
not addressed whether there was a right to open carry a firearm in public. The Court begins by acknowledging that it
will need to employ a two step test. The first step being whether the challenged
law prevents someone from exercising their right under the Second Amendment and the second
step of applying the appropriate level of scrutiny to see if it passes constitutional
muster. The opinion even quotes Justice Thomas’s dissent
from a denial of certiorari to note that the Second Amendment is not only not a second
class right but also not a constitutional orphan. As you may expect, the analysis begins with
an examination of the text of the Second Amendment and the Supreme Court’s decision in Heller
and McDonald. Notably, the court focuses in on Heller’s
description of the word “bear”. Heller further explained that the term has
a meaning that refers to carrying for a particular purpose—confrontation. The Court then turned to a number of texts
written about the Second Amendment for guidance. In particular, to understand how the Founding
Fathers understood the idea of bearing arms. Perhaps the most important being Sir William
Blackstone’s Commentaries on the Laws of England. Following a quick analysis of these texts,
the Court began to examine state law decisions about the Second Amendment from the 19th Century. It looked at decisions from Kentucky, Tennessee,
Alabama, Georgia, and Louisiana, all of which were decided in a similar time period, to
establish that it was widely believed there was a right to carry firearms in public. The notable point being, they all found that
openly carrying a firearm may be protected but concealed may be regulated. The Court even examined laws passed after
the civil war where Congress passed laws to stop states from stripping freeman of constitutional
rights. The opinion also pulls no punches when lashing
out at the dissenting opinion in the case. For example, when discussing surety laws or
laws that required people who carried weapons to post bonds or surety to insure their good
behavior, the dissent erroneously characterized the laws as imposing a severe restriction
on the public carry of weapons absent good cause to fear injury and fails to mentions
the limiting citizen-complaint mechanism present in virtually every single one of its quoted
sources. While the County argued that the Court should
consider english law predating the Second Amendment to understand the Second Amendment,
the Court declined to do so. The Court finding that the statute burdened
Young’s conduct under the Second Amendment moved on to the next step of its test. Finding that carrying a firearm openly for
self defense falls squarely within the core protections of the Second Amendment, the Court
then determined whether the law amounted to the destruction of that right. The Court also rejected the dissent’s belief
that the analysis could have been done under intermediate scrutiny, a lesser standard. So what happens next? Well, the County could petition to have the
case reheard en banc or as a whole by the Court. This case was originally heard in front of
a three judge panel. As we saw with the 4th Circuit’s decision
in relation to the assault weapons ban in Maryland, sometimes an en banc hearing results
in a different finding than the panel. The County could also petition the Supreme
Court to hear the case. If denied, the 9th Circuit’s ruling will stand. Alternatively, the County may elect to not
file an appeal and leave the decision intact. So, as it stands with this decision, it means
that all the states within the 9th Circuit, yes, including California, will have to allow
some form of open carry to not infringe on its citizens Second Amendment rights. Time will tell if states like California play
ball or have to be beaten into submission by the courts. That’s it for this episode, if you have learned
anything from this show, help us out and hit that like button, and share it with your friends. Don’t forget to get subscribed and if you
enjoyed the video, consider supporting us via the links down in the video description. If you want to get more out of your TGC subscription,
be sure to check out the The Gun Collective Podcast which happens live on Thursday evenings! And as always thanks for watching!

100 thoughts on “HUGE NEWS- 9th Circuit Ruling on Open Carry – The Legal Brief”

  1. stunmi says:

    The flag of Georgia πŸ‡¬πŸ‡ͺ lmao πŸ˜‚

  2. Ted Phillips says:

    Tell a lie often enough and people will believe it, especially if taught in school to children or law school. Case in point: The 2nd Amendment to the Constitution does not grant the right to keep and bear arms. It prohibits that right from being infringed by government, thus recognizing it as a natural, inherent, and inalienable right of the people independent of government. Here it is in today's language: In order that the people may come together and form militias with the firepower to overthrow any tyrannical New World Order, the government is prohibited from infringing on the right to acquire, own, and bear such firepower. All "gun control" laws are prohibited by the second amendment and constitute a violation of the 1964 civil rights act which also outlaws judicial activism and case law resulting from same. If you disagree, you probably believe in the myth of an "establishment" (verb) clause in the first amendment.. Arrest your criminal legislators & judges.

  3. Ron LaFitte says:

    Open carry is much like wearing a MAGA hat. Anyone can do it but it’s certain to bring you a world of attention , hatred, name-calling and possibly fights and legal hassles. I prefer concealed carry.

  4. ryan king says:

    Fuck all those bullshit laws and qualifiers! What part of "Shall not be infringed," do these states not understand." Bearing," arms means to possess firearms on one's person or within one's property. SHALL NOT BE FUCKING INFRINGED; should be the rewrite.

  5. George Bonta says:

    I did not know Hawaii was ruled by traitors.

  6. Bubba Henry says:

    It only makes sense to allow all to Carry. Simply because the ones who don't abide by the law do not care about the laws put in. Think of it this way: If you have 20 people walking around in a store plus the Cashier and 1 or even maybe 2 people decide to rob the place. Well with the knowledge of knowing that even if just 12 of those people had guns as well. Then it comes obvious of the outcome. Sure they may get a shot or two out but between the 12 others they stand no chance. Let's say people wise up and everyone can Carry. Now the criminals have to worry about the thought of "How many people in here, besides me, have guns too?" It comes as a great way to prevent a crime from even happening.

  7. marko pittman says:

    so we are walking around open carrying our guns, are we goin to get arrested ??

  8. Rip Drybone says:

    If you was born on American soil


  9. evolution now says:

    Are you pauly shores kid man you look just like him lol

  10. Michael Basel says:

    The court failed to recognize the need for a person that carries protection has an extra right to conceal that weapon so as not to have it coveted by those that may try to take that weapon.Same with castle laws-one has an extra responsibility to keep that weapon from those that would misuse it and the state has no business telling the owner he has to expose it by registering it.This way everyone is safer!

  11. Richard Donahoe says:

    Listen folks, any decent law abiding, responsible citizen who has half a brain and is neither a dumocrat or libtard, knows what needs and should be done in the state of Ca. regarding these moronic gun laws imposed against its citizens. The problem will continue to exist as long as these idiots who are in power…Dumocrats and Libtards…are given free reign by brainwashed functionally illiterate voters who want a free ride. Your power has got to start politically at the polls to help reverse these nonsensical idiots and their absurd ideology and agenda.

  12. Robert Harrison says:

    Seal the parimeter many policy yourselves ,I DO?

  13. Johnny Bumpous says:

    I don't understand why it's so hard to understand the second amendment. It's pretty clear to me.

  14. Marina Capri says:

    Could you be any less confusing?
    Could you be any more confusing?

  15. randolph Jones says:

    Lets just stop all the crap talks and let us own and carry our guns on us and be making america safe

  16. randolph Jones says:

    I have caps and guns for sale for 3.99 includes with 3 boxes of 5 rolls each box has all for 3.99 plus taxes and you can carry and shoot your cap guns and no laws are broken at all everyone of all ages can buy and own and carry your own cap guns fully loaded with rolls of caps

  17. Joseph Lee says:

    Any and all restrictions on the use and carrying of personal firearms that infringe on every law abiding citizens right to bear arms are unlawful and void. This includes background checks, red flag laws, permits and all else that impedes and allows govt to have a database of those who wish to protect themselves and their own self and property. 'Shall not be infringed' has and will always prevail as the highest law of the land. Any who reject, fail and choose to deny 2A rights are to be treated as traitors to our American way of life.

  18. Demonchild84 says:

    That's what happens when you change the meanings of words. In order to fully understand the Constitution you have to find out what the definition of the words were back when the Constitution was written.

  19. Michael Maxey says:

    Question the Second Amendment does not apply to US citizens but it might have been access volundr newly-created tactic to give the privilege to US citizens to have guns under the use of the 14th Amendment but the Second Amendment does not indicate US citizens have the right to bear arms. If it meant for them to do so it would have used that word it didn't

  20. M.D.W. says:

    Yes, fantastic! Wonderful! BUT… won't that make everyone major, obvious, easy targets for anyone wanting to exercise the red flag law?

  21. Barry Smith says:

    wake up; in the absence of the ongoing exercise the FIRST clause of the 2d amendment (a well regulated mitia– a citizens' militia nationwide– being necessary to security of a FREE state…): frigging forget about EVER realistically exercising the 2d-clause of the 2d amendment; a well regulated militia could simply ignore the 9th circuit; any cops wanna try a gun-jack, they'll have to deal w/ the victims' militia-battalion; for that matter, a well regulated mitia could effect the disarming of any cop-unit they wanted

  22. Bruno Perlstein says:

    Never ever find a man or woman guilty of any gun charge

  23. Dan Hawkins says:


  24. Nonya FknBusiness says:

    area of assignment MUAHAHAHAHA Socialist pieces of shit.

  25. Nonya FknBusiness says:

    lol just a bunch of nonsense. They know what it stands for and the purpose for it, and the political climate today demonstrates the reason we need to consider it.

  26. Darrell McDevitt says:

    The Federal Crimes may be pardoned by the President of the United States but state crimes are pardoned by the state where the crime was committed. Federal gun laws are overridden by State Laws, as in OKlahoma T21 C53 S1283b

  27. Joel Mc says:

    Open carry just makes you a target. You can be attacked from behind and knocked out. Then disarmed. Apply for a concealed carry permit

  28. Terry Knows says:

    I carry but I wear concealed body armor . The body armor is a must . I follow the laws and not opinions or police safety , Only my safety comes first .

  29. Luffaman says:

    blah blah blah. whats the point of all the retoric

  30. Anata No Senei says:

    Question, why isn't the NRA doing this? I mean they have a very large budget why aren't they sueing for the rights of citizens? Or at least fronting the bill for individuals to hire lawyers to do it on the behalf of citizens?

  31. Photini Grace says:

    Question? If this has been established in this higher court. . what, if anything does it do for New England? If open carry has been established as constitutionally protected – does this have any effect on a national level?

  32. John Hawk says:

    Everyone is and 13th



    DON'T BELIEVE IT, just ask everytime you've been robbed with a gun out


    if you can't buy a chain gun then it's socialism and I'm buying a b52 Abram to keep out the commies and socials scram

  35. J Can du says:

    The devil is in the details. Complexity is the diversion from simple common sense that evil survives upon.

  36. Jeff Taylor says:

    Any law that goes against the Constitution is illegal from it's conception.

  37. Terry Knows says:

    Problem is a law needs to be mad to stop police from harassment and unlawfully detaining people or creating crimes where no crime has happened just because someone has a gun.

  38. B. Davis says:

    Am totally shocked and happy to hear that any court is writing Blackmon, especially the 9th circus

  39. Billy Fitzgerald says:

    The 9th circuit rule goes from west coast to east coast . Remember potus trumps travel ban. . It was spread out all over to stop banned nations fro. Entering from east to west coast. Not just their implied area on west coast . They cover all usa . If they can say yes or no. On potus. Trumps. Bans

  40. Doug Bolling says:

    Dose this mean that they can no longer stop me and force me to the ground for carrying a guitar case with a guitar in it , Because some one called into the police , saying something dumb , it dose not look good at all when it a swat team with 20 or so officers in tow . pointing all their guns at me . over a guitar in a case . I felt out gun .

  41. Charles Gutzwiller says:

    Love your vids

  42. John Wagner Jr says:

    weapon and firearms are two different things.

  43. Doug C. says:

    An armed society is a polite society!

  44. baja joes says:

    Folks, if you detest California gun laws as I do then the ONLY way to fix them & bring back
    2 Party System is with VOTER ID! California's Voting system is 100% Rigged & Crooked!

  45. chuck s says:

    The 2nd Says You Need Nothing ! That's The Only Law I Use and Need !

  46. Stan Webb says:

    "2 to Red, White, And Blue!!!!"
    Don't do to "2" what you don't want to be done to you!!!!!!!!!!!!!
    Restrict "2" then we restrict you!!!!
    Take "2" Away then we take you away!!!
    Allow "2" to do what the Fore Fathers wanted "2 To Do!!!!"
    Protect "2" and we will protect America including you!!!!!!!
    Fail "2" and America fails from invasion and we are no longer "Red, White, and
    By the Silver Sage

  47. healthy cook says:

    did you put 'bear' each time to be funny or did you just not notice it should be 'bare' arms.

  48. Audi 666 says:

    Great production πŸ‘ And I thought I was just watching a lame video about what I already knew πŸ€”boy was I wrong 😘

  49. brian cameron says:

    Wild Wild West returns. Bout damn time. Some counties have very low crime on account of open carry. Unfortunately America is so full of people that hasn't been raised as in raised like days of old on account the government's been intervening in family affairs on how said family raises children creating generations of lawless people running around looking for a place to happen. Open carry will work but said person will have to real careful

  50. Captian Derpy says:

    Wait! Guns are… legal in the People's Republic of California? I thought they banned them in the great liberal retardation of [Insert year].

  51. EL EVO says:

    Is this bill still in LaLa Land? Did trump betray the 2nd Amendment Again?

  52. Chris Hesketh says:

    Everyone should watch MOLON LABE it explains what a militia is, it isn't military like most people think. It also says that no law should supersede The U.S. Constitution and any law that defies that should be null and void.

  53. Mike Btrfld says:

    When I was a cab driver a gun owner tried to rob me. I'm a black belt. He was beaten with his own firearm.

  54. Rich Chel says:

    ESQ? Esquire? Are you an attorney? If not esquire means someone less than a (squire) knight but above a "gentleman." LOL!

  55. Rudy0311 Smith31b says:

    Having a "test" to exercise rights. Does that sound familiar?

  56. Gw Gw says:

    Illinois is the worse for CCW/CCL

  57. King Bey says:

    Ok wise ass. Where in the Constitution mentions the need for a license?
    By getting a license, you have converted a right into a Privilege πŸ€”
    But you Not American, i guess that's why you need a license.
    Read HJR192 10times
    Also while you mention Constitution, don't forget there is a Treaty that goes along with that.
    Treaty of Peace and Friendship 1786-1787, but you forget to mention that πŸ‘€
    American Flag πŸ‡²πŸ‡¦
    Star Spangled banner πŸ‡ΊπŸ‡Έ 🀯

  58. Timothy Boles says:

    So when was this? What is the current status

  59. In Yahshua's Holy Name says:

    Darn good video πŸ‘ been informing my buddies about this so it's good to hear it 😎

  60. Corey Maze says:

    "It is the duty of the PATRIOT to PROTECT his Country from its GOVERNMENT." -Thomas Paine

  61. Corey Maze says:

    "The beauty of the Second Amendment is that it will not be needed until THEY try to take it." -Thomas Jefferson

  62. Nathen Skinner says:

    And yet nothing has changed as of today 5/8/19. Lol

  63. Sevendaggerssix says:

    Ever notice that taxpayers money is being used to limit the rights of said taxpayers?

  64. Bennett Price says:

    Really? I'm from GA and that ain't our flag…..

  65. larry .friend says:

    The Constitution has no Rights to give. It is a commission to perform 19 enumerated service and reference to Rights is but an additional reminder to not mess with Rights. On top of that, police have no duty to respond and then you would have no protection if unarmed.

  66. Falcor's Adventure says:

    Shall not be infringed is such a simple term why can't politician understand it?

  67. Mary Diamond says:

    Hence the word " LEGAL"
    This '"esquire"(title of nobility) $elling a narrative.
    He sqwaks a lot but mentions nothing lawful.

  68. James Murphy says:

    Had to stop watching, as I tired of this man throwing his hands around like a monkey.

  69. Jess Webb says:

    I am seventy two years old and in a wheel chair. I am a Vietnam vet and former police officer. To hell with the law, I carry a weapon every where I go. It is better to be tried by 12 than carried by 6.

  70. tom ruble says:

    I didn’t click on this to get a damn advertisement for the presenters products. Click bait crap.

  71. mike gunthner says:

    Great, now what ? When can we start to carry with out police Los Angeles County Kalifornia

  72. DANIEL FURESZ says:

    It's about time the law makers realised the only way to stop gun violence is with a gun. When law abiding citizens are told you don't have right to defend do you really think the bad guys are going to obey and leave their guns at home he'll no I would rather be judged by 12 then buried by 6
    As far as large capacity magazines are concerned of course you don't need them while hunting the deer are not the problem but a tyrannical government is and the 2nd amendment was provided for us to defend against an out of control government. Look what happened recently in Australia. Case in point made. I am The Daniel M. Furesz U.S.A.F. Retired W 1

  73. winterhavenfarmlife says:

    came here for the "but adam"

  74. William Adams says:

    Start beating kali into submission now, because you and I both know their politicians are straight up retarded when it comes to the 2nd amendment. Same with Chicago, New York, Maryland, New Jersey, Delaware, Massachusetts. These places ignore the 2nd and rob law abiding citizens of their rights.

  75. James says:

    This gun ban is just a distraction so they can put a straw license in place. Dont be fooled!

  76. ti pr says:

    Yippie caiyee muthafukka!

  77. Michael O'Donnell says:

    To, really, understand the 2nd Ammendment is to perceive it as the Citizens firepower prevents the Servants from becoming oppressive. It originated from a war that the Citizens won over the oppressive British. It wasn't included in the original version of our current Constitution. The very well armed Citizens "of the day" demanded at the threat of execution (for treason against them) that the Peace Treaty terms were amended as The Bill of Rights. Victor's don't petition the defeated for the parameters to their common Peace Treaty. Weapons regulations are an act of treason/war/peace treaty violation by the government against the Citizens/Masters.

  78. Bob Ross The Destroyer says:

    ~5:30, you have the flag of Georgia. Home to noted comrade Stalin.

  79. SGVBiker says:

    @theguncollective any news on this? Has Commiefornia even acknowledged this decision?

  80. Charles The Hammer Martel says:

    "Look at me, mommy! I'm carrying a gun in public likr a big boy!"

  81. Rick Noel says:

    Only use in hunting or target shooting .What a cock of shit. These idiots want to tell you what you can and can't do with your own property. people may do as they wish with their
    property regardless of what these idiots say. if they really want to ban guns BAN THE MANUFACTURING AND SELL OF THE ITEMS. DON'T FUCK WITH THE LEGAL PURCHASER

  82. Rick Noel says:

    If they are so against firearms,why don't they make the police use muscle loaders. That will equalize the playing field. They need to grow a brain.

  83. Rick Noel says:

    They all want to have guns,They just don't want you to have them. fk'em all.The constitution is the law of the land. PERIOD……………………………..

  84. Rick Noel says:

    Laws against improperly using a firearm is fine with everyone. There are penalties for miss use. But they want to disarm you for their own paranoia. Which is unconstitutional.

  85. Michael Cass says:

    Michigan can always open carry. People just call the cops and you get a good victory against shit bag politicians who violate American rights..

  86. ACHVACTAB1 says:

    and It's June 2019 ( Hawaii ) Absolutely nothing has changed "Other Than" Honolulu HPD does Issue / provide an application to apply for a CCW which of Coarse -0- have been granted
    And of coarse there is no such thing as Open Carry -0- Nada

  87. Meme God says:

    Annnnnnnd it changed nothing πŸ˜‚

  88. ScottyM1959 says:

    It is now almost a year later. Is there any updates on this case/issue?

  89. Christopher Spencer says:

    So to clarify…is it legal to open carry in Maryland?

  90. Kabal818 says:

    How about the state of CT where you cannot purchase ANY firearm or ammunition without a ccw! How is that constitutional?! Has there ever been a case against that state?!

  91. Tony Ashford says:

    Wa t to bet that you will be arrested or hassled in several states

  92. Mike Evans says:

    They dud violate his righrs. All involved in the denial should be exiled to iran

  93. not sure says:

    If you need a license it's not a right… real simple.

  94. not sure says:

    You must show cause to engage in a constitutional protected activity? Smh

  95. Fred Blues says:

    Seems a lot of lawmakers have an insane ideas on laws concerning the 2nd amendment. '"How do we strip the people of their 2nd amendment rights without infringing on their 2nd amendment?" Short answer, they can't, but that doesn't seem to stop them.

  96. Up-a-Creek says:

    How do you define "some form of open carry"?… in California that might mean you CAN open carry but the weapon has to be unloaded and have a trigger lock on it… the ammo must not be within your immediate reach and the key must be locked up either in your vehicle, or left at home… LMAO…

  97. Up-a-Creek says:

    We should have a ruling that if a STATE brings legal action on Constitutional Rights… it can of course you State Monies (tax payer monies) for the first case… but if they lose and go for an appeal, the STATE has to pay for that appeal out of their own legal staff's pockets… why? because then they are making it not just Political, but personal… it should be on them and not the Tax Payer for their arrogance…

  98. Jay Bojorquez says:

    What the heck is the update on this case??? Or what's going on?

  99. TheOkWoodsman says:

    The U.S. Constitution Is the Supreme Law of the Land. This begs the question; What is the Land? A: EVERY SQUARE INCH OF THESE UNTIED STATES and ITS TERRITORIES… The LAW (2A) was not written to grant rights. It was written into The Supreme LAW of the land to RESTRICT GOVERNMENT from violating this basic human right to defend one's self. Especially FROM GOVERNMENT !! The type , technology, or style of gun is irrelevant…..Anyone subverting this is breaking the law and therefore a criminal….

  100. Poldus Eri says:

    1st Amendment = right to hate
    2nd Amendment = right to a gun

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