Lincoln Memorial University Law Review Archive

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A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”2These words, penned by America’s Founding Fathers, have withstood the test of time, but not without great controversy. Sincethe founding of the United States, arms have played a vital and diverse rolein American history, fromdefending America in times of war to defending oneself and their property. The controversy surrounding the Second Amendment often lies in how far the right to bear arms extends. Do American citizens have the right to carry armsin public? If so, can those arms be concealed, open, or both? This paperwill specifically focus on open carry, which was at issue in Young v.Hawaii.This debated topic will be answeredby analyzing thereasoning from the Ninth Circuit decision in Young. Additionally, this paper will analyze the history of the Second Amendmentand will suggestthat one police chief shouldnot have the unilateral power to determinewhether a citizen has the right to carry a firearm, as decidedin Young.The Supreme Court should grant certiorari in Young,reverse the NinthCircuit,and findthat every mentally competent, law-abiding,adult American citizen has a Second Amendment right to openly carry a firearm.

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