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2nd Amendment Tag

Recently, Joel Osterhoudt of Reason published an interesting piece recognizing the rise in Second Amendment “sanctuary” states and cities across the nation. As Osterhoudt rightly recognizes, this movement largely relies on the model established by the immigration and marijuana sanctuaries that arose in progressive cities and states in response to the Trump Administration. But in recognizing this important revelation in protecting individual rights, the article confuses two very distinct concepts—Anti-Commandeering and Nullification.

The Ninth Circuit Court of Appeals on March 24th issued its long-awaited decision in Young v. Hawaii (full decision embedded at bottom of post).  The case presented the Circuit with a not-so-straightforward question: Since Hawaii heavily regulates the concealed carriage of firearms, which licensing scheme has been upheld by the Ninth Circuit, can Hawaii even more heavily regulate the open carriage of firearms?

The Ninth Circuit’s answer?  Yes, Hawaii can.

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