Young v. Hawaii

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In Young v. Hawaii, No. 12-17808, 2018 U.S. App. LEXIS 20525 (9th Cir. July 24, 2018), a panel of the U.S. Court of Appeals for the Ninth Circuit held by a 2–1 vote that "the Second Amendment encompasses the right of a responsible law-abiding citizen to carry a firearm openly for self-defense outside of the home." In other words, this decision upheld the right to open carry as a constitutional right.

The panel was composed of a statistically unusual 2-1 Republican-majority on the Ninth Circuit, where Democrat-nominated judges have an overwhelming majority of 16-7 among active judges. (The Democrat majority among Senior Judges is only 9–8, but a Senior Judge presides in an en banc sitting only if the judge was on the original panel.) If a petition for rehearing en banc is granted, then it seems likely this decision will be overturned.

The U.S. Supreme Court has not granted cert. in a Second Amendment case in nearly a decade.

Petition for rehearing en banc

Hawaii (or the County of Hawaii, or both) filed for a petition for rehearing en banc in this case, and the Court ordered Young to respond by October 9, 2018.