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+--- Thread: Hawaii gun law unconstitutional (/showthread.php?tid=19984)
Hawaii gun law unconstitutional - terracore - 07-24-2018
Appeals court says Hawaii's restrictions on handguns in public are unconstitutional
BIG ISLAND (HawaiiNewsNow) -
The 9th U.S. Circuit Court of Appeals on Tuesday ruled that the Constitution’s Second Amendment allows people to openly carry a gun in public for self-defense.
The case originated in Hawaii County.
In 2011, George K. Young applied twice for a license to carry a handgun, but the Hawaii County police chief denied it each time because Young didn’t meet the state’s licensing rules that generally requires people to keep their guns at home.
But the panel ruled that Hawaii law violated the Second Amendment, saying, “the right to bear arms must guarantee some right to self-defense in public.”
The ruling was by a three-judge panel, with two voting to reject Hawaii's open-carry restrictions and a third, Hawaii-based Judge Richard Clifton dissenting. The court reversed a ruling by Federal District Judge Helen Gillmore which upheld Hawaii's restrictions, which are considered among the toughest in the nation.
Judge Clifton in his dissenting opinion said Hawaii's law falls within the discretion given the state's to make their own decisions about public safety and that restrictions on openly carrying firearms have a long history in this country and are allowed because the Supreme Court has ruled that the right to bear arms is not absolute.
Hawaii's law restricts open carry permits only to people involved in law enforcement or security except under "exceptional" cases. Gun rights activists have often complained that amounts to basically a ban on citizens carrying firearms in public because the county police chiefs almost never approve permits to carry in public.
The Hawaii laws have been appealed before, this is the first time the appeals court has ruled to overturn them. The case was sent back to the District Court which must rehear the case based on the instructions from the appeals court.
The case can also be appealed by asking the appeals court to convene a much larger panel of judges to hear the same arguments and potentially overrule the three-judge panel.
http://www.hawaiinewsnow.com/story/38718534/appeals-court-says-hawaiis-restrictions-on-hand-guns-in-public-are-unconstitutional
RE: Hawaii gun law unconstitutional - birdmove - 07-24-2018
You beat me to it, terracore. Just watched the video showing both sides. Bearing in mind who is in power in Congress, Senate, Except cutive, and Supreme Court branches, I wouldn't be surprised to see open carry in Hawaii eventually.
I,myself, being a shooter, am very much against open carry. Since Hawaii allows citizens to apply for concealed permits, but there is not even a single case anyone can produce, where a citizen who wasn't a security guard or armored car driver actually received a permit, the state has been storing it's butt in a ringer.
This will most likely be appealed by the full 9th District Court of Appeals. Just a matter of time though.
Jon in Keaau/HPP
RE: Hawaii gun law unconstitutional - PaulW - 07-24-2018
It’ll never happen. But if it does then I’m outta here.
RE: Hawaii gun law unconstitutional - birdmove - 07-24-2018
You'd have to leave the US probably if our current leaders have their way.
Jon in Keaau/HPP
RE: Hawaii gun law unconstitutional - PaulW - 07-24-2018
I'll be back when sanity prevails.
RE: Hawaii gun law unconstitutional - AaronM - 07-24-2018
CCW coming soon to Hawaii
RE: Hawaii gun law unconstitutional - PaulW - 07-24-2018
Even with their Russian money, I doubt even the NRA can pull that off.
RE: Hawaii gun law unconstitutional - HereOnThePrimalEdge - 07-24-2018
coming soon to Hawaii
Another court case.
Court appeals.
If found constitutional, submission of conflicting bill proposals to the legislature.
Argue over bill proposals, all fail to pass as no one bill can gain majority support.
Wait for submission of various studies for lawmakers’ consideration prior to next legislative session.
Dems take over presidency, Senate and House after 2020 election.
Collect $200, and pass go.
The circle of life.
Is the jury still deadlocked? The odds that natural climate variability can account for the magnitude of the temperature changes over the course of the satellite record are roughly five in a million, researchers report. - Science, July 19, 2018.
RE: Hawaii gun law unconstitutional - ElysianWort - 07-24-2018
I like the idea of being able to openly pack a sidearm.
RE: Hawaii gun law unconstitutional - Gdhsquare - 07-24-2018
quote:
Originally posted by PaulW
It’ll never happen. But if it does then I’m outta here.
It just did happen. Looks like you are moving to another nation.