Young v. Hawaii Could Be the Next Heller
Young v. Hawaii En Banc Could Be the Next Monumental Gun Rights Case
George Young is a Vietnam War Green Beret Veteran who sued the state of Hawaii three times on his own without a lawyer for the right to open carry a handgun in public, and lost each time.
Young became passionate about the issue while teaching his late daughter Tim, about the Constitution. Tim died in a car accident in 2004 at age 21. Young was quoted in a 2018 Reuters article stating:
“I made the promise that they cannot take your Second Amendment away.”
“So to prove it to her, that’s when I started.”
Young’s argument is straightforward: he asserts that the county of his residence has violated the Second Amendment by enforcing against him the State’s limitations in section 134-9 on the open carry of firearms to those “engaged in the protection of life and property” and on the concealed carry of firearms to those who can demonstrate an “exceptional case.”
“I went around the state of Hawaii and contacted about 17 attorneys and all of them turned me down. They said I would only lose.”
“I want to see it through to the end, which is the U.S. Supreme Court.” Said Young.
Cue in Alan Beck, an independent attorney with extensive knowledge and experience in second amendment law.
Beck took Young’s appeal for free.
With Young’s unrelenting passion to exercise his second amendment rights, and Beck’s comprehensive knowledge of the law, the powerhouse won the appeal.
“The 9th Circuit looked at the history and the history demonstrates that the 2nd Amendment right applies to self-defense outside the home.”
Said Attorney Alan Beck.
Senior Judge O’Scannlain wrote for the majority:
“We must decide whether the Second Amendment encompasses the right of a responsible law-abiding citizen to carry a firearm openly for self-defense outside of the home…
Our interpretation of the Second Amendment is guided by the Supreme Court’s decisions in District of Columbia v. Heller (2008), and McDonald v. City of Chicago (2010)…
Indeed, the fact that the Second Amendment protects bearing as well as keeping arms implies some level of public carry in case of confrontation…
In short, the text of the Amendment, as interpreted by Heller and McDonald, points toward the conclusion that “bear” implies a right to carry firearms publicly for self-defense…
…we remain unpersuaded by the County’s and the State’s argument that the Second Amendment only has force within the home. Once identified as an individual right focused on self-defense, the right to bear arms must guarantee some right to self-defense in public…we are satisfied that the Second Amendment encompasses a right to carry a firearm openly in public for self-defense. Because section 134-9 restricts Young in exercising such right to carry a firearm openly, it burdens conduct protected by the Second Amendment.”
A victory at last so it would seem until Hawaii brought in President Obama’s previous Solicitor General, Neal Katyal, who requested an En Banc (full court) ruling on Young v. Hawaii.
“Yes the Court just accepted our request to go en banc (meaning the original decision striking down Hawaii’s gun control law is now gone, and the case will be decided by a larger complement of judges).”
- Katyal, Twitter, Feb 8, 2019.
This was a rare move for the court, due to the fact that in 2018 the court only accepted 8 of 955 En Banc case requests (roughly .8%)
According to Beck, oral arguments for Young v. Hawaii are set for September 21, 2020, in San Francisco, California.
When asked by the Second Amendment Institute for his thoughts on what was to come, Beck replied:
“I am excited to have the Ninth Circuit hear Mr. Young's case en banc. The County of Hawaii has never issued a handgun carry permit and like the carry ban, which was struck down in Illinois, I believe that this ban will be struck down as well. We have one final round of briefing due on June 4. It is my hope that the various gun rights organization will support Mr. Young's case with amicus curiae briefs at that time to ensure the State of Hawaii's unconstitutional law is struck down.”
The 9th Circuit Court of Appeals encompasses Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington State.
For questions, please reach out to contact@sainational.org
Tyler Yzaguirre, May 7, 2020, Second Amendment Institute