1/ Divided 9th Circuit panel finds that 2nd Amendment "Second Amendment encompasses the right of a responsible law-abiding citizen to carry a firearm openly for self-defense outside of the home"
documentcloud.org/documents/4616… - J O'Scannlain & Ikuta in majority. J Clifton in dissent.
documentcloud.org/documents/4616… - J O'Scannlain & Ikuta in majority. J Clifton in dissent.
2/ Panel distinguishes Hawaii case from Peruta (San Diego): "Young’s claim therefore picks up where Peruta’s left off and presents an issue of first impression for this circuit: whether the Second Amendment encompasses a right to carry firearms openly in public for self-defense." 
3/ Judge Reinhardt has already issued a call for rehearing en banc from the great beyond.
4/ Here is the crux of the panel's majority opinion: the right to "keep" arms applies in the home, but "bear" arms suggests a separate right outside the home.
5/ The panel also finds that the Hawaii law flunks intermediate scrutiny because "no concealed carry license has ever been granted by the County" under the "good cause" standard.
6/ The panel faults the dissent for failing to "engage" with the evidence under strict scrutiny. It is not enough merely to "cite" evidence supporting gun control laws. Courts must do more "than cite-check the government’s brief."
7/ J. O'Scannlain mic drop: "While many respectable scholars and activists might find virtue in a firearms-carry regime that restricts the right to a privileged few, 'the enshrinement of constitutional rights necessarily takes certain policy choices off the table.'"
8/ The dissent objects to citing antebellum cases because "they come from a time, place, and culture where slavery, honor, violence, and the public carrying of weapons were intertwined." J. O'Scannlain responds to gun control laws were designed to subordinate the rights of slaves
9/ J. O'Scannlain explains that post-Civil War evidence is especially relevant for interpreting the right to bear arms as applied to states. Why? 14th Am, ratified in 1868, provides correct timeframe for what I've called "Originalism at the Right Time" papers.ssrn.com/sol3/papers.cf…
10/ Dissent predicts: "the Supreme Court will find it appropriate at some point to revisit the reach of the Second Amendment and to speak more precisely to the limits on the authority of state and local governments to impose restrictions on carrying guns in public" #SCOTUS
