Thread by @2Aupdates

Starting in 5 minutes: Young v Hawaii (9th Circuit, HI open carry): Oral arguments

Panel: Thomas, O'Scannlain, McKeown, Wardlaw, W. Fletcher, Clifton, Bybee, Callahan, Ikuta, Friedland, R. Nelson

Live video:

Young: We know from state reports that no concealed or open carry permits have been issued in 2018 or 2019.

Young: My client wants the ability to carry in some manner, would be happy with either an open carry or concealed carry permit.

Microphone confusion!

Judge Fletcher describes a may-issue system like NJ, asks if that would also violate the 2A. Young says yes.

Judge Clifton says he has too much noise in the background, says to go on without him.

Judge Bybee and Ikuta both asks questions about restrictions throughout history, and whether it's on Young's side.

Judge Friedland also asks about may-issue type laws.

Hawaii now arguing.

Hawaii calls this "Peruta plus", says it's just a "good cause" law.

Hawaii claims that over 1,000 permits have been issued in the last 5 years.

Judge Nelson: Would you agree that the county's regulation is unconstitutional?

Hawaii says the law is not limited to security guards.

Nelson says Hawaii didn't cite to Wrenn v DC or Moore v Madigan.

Ikuta: Do you agree that the 2nd Amendment applies outside the home?

Hawaii: We do, and agree that the 2A isn't a second class right.

Ikuta: Do we use strict scrutiny?

Hawaii: No, we should look to history.

Ikuta: If we use strict scrutiny to analyze this law, does it pass?

Hawaii: Yes.

Callahan: Is a longstanding law always constitutional?

Hawaii: Not automatically, but presumptively.

Bybee has no questions.

The rest of the judges have no further questions.

Hawaii: the law is not a flat ban.

Bybee has a question now: What was Hawaii's status when this law was first passed?

Young back up

Young: The HI AG's new opinion is not binding on the county or this court.

Arguments have ended.