YOUNG v. HAWAII

No. 12-17808.

896 F.3d 1044 (2018)

George K. YOUNG, Jr., Plaintiff-Appellant, v. State of HAWAII; Neil Abercrombie, in his capacity as Governor of the State of Hawaii; David Mark Louie I, Esquire, in his capacity as State Attorney General; County of Hawaii, as a sub-agency of the State of Hawaii; William P. Kenoi, in his capacity as Mayor of the County of Hawaii; Hilo County Police Department, as a subagency of the County of Hawaii; Harry S. Kubojiri, in his capacity as Chief of Police; John Does, 1-25; Jane Does, 1-25; Doe Corporations, 1-5; Doe Entities, 1-5, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 24, 2018.


Attorney(s) appearing for the Case

Alan A. Beck (argued), Law Offices of Alan Beck, San Diego, California; Stephen D. Stamboulieh , Stamboulieh Law PLL, Madison, Mississippi; for Plaintiff-Appellant.

D. Kaena Horowitz (argued), County of Hawaii Deputy Corporation Counsel; Laureen L. Martin , County of Hawaii Assistant Corporation Counsel; Office of the Corporation Counsel, Hilo, Hawaii; for Defendants-Appellees County of Hawaii, William P. Kenoi, and Harry S. Kubojiri.

Kimberly Tsumoto Guidry , First Deputy Solicitor General; Robert Tadao Nakatsuji , Deputy Solicitor General; Department of the Attorney General, Honolulu, Hawaii; for Defendant-Appellee and Amicus Curiae State of Hawaii.

No appearance for Defendants-Appellees Neil Abercrombie and David Mark Louie I.

Dissent by Judge Clifton.


OPINION

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.

I

A

George Young wishes to carry a firearm publicly for personal self-defense in the State of Hawaii. He twice...

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