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George Young, Jr. v. State of Hawaii

Court of Appeals for the Ninth Circuit · No. 12-17808 · 45 F.4th 1087

Decided

⚖️Procedural — no merits ruling

Remand order on a GVR from the Supreme Court; the en banc court expressly declined to decide whether section 134-9 is constitutional.

GunMapUSA assessment of the outcome's direction, not a statement that the court decided rightly or wrongly.

What the court held

George Young challenged Hawaii Revised Statutes section 134-9, the may-issue licensing scheme governing licences to carry a handgun openly or concealed in public, after his applications were denied. The United States Supreme Court vacated the Ninth Circuit's prior judgment and remanded for further consideration in light of New York State Rifle & Pistol Association v. Bruen. In this August 19, 2022 order, the en banc Ninth Circuit vacated the district court's judgment and remanded the case to the district court for further proceedings pursuant to the Supreme Court's order, while denying Young's motion for summary reversal and the defendants' request for supplemental briefing. Judge O'Scannlain, joined by Judges Callahan, Ikuta and R. Nelson, dissented, arguing the court should instead have held that section 134-9 is unconstitutional under Bruen rather than remanding without guidance.

Summarized from the court's opinion.

What this case is about

Hawaii licensing requirements for openly carrying a handgun in public

GunMapUSA summary of the issue, not a quotation from the court.

Key Dates

Read the full opinion The complete text of the court's decision, reproduced in full.

Sources

Summary of public court records. Not legal advice.