Hawaii might be an island paradise, but the state’s gun laws are nightmarish to those who live there. One such law, which imposes a 30-day time limit to purchase a firearm after receiving a permit and then requires police inspection of a legally purchased firearm within five days, is particularly onerous and arguably unconstitutional.
A lawsuit, Yukutake v. Lopez, challenges the law and has already met with some success in the courtroom. In fact, a three-judge panel of the 9th Circuit Court of Appeals ruled the law unconstitutional. Upon appeal, however, the full 9th Circuit is now set to hear the case.
On August 25, the Second Amendment Foundation (SAF), along with some legal partners, filed an amicus brief in the case, explaining why the full 9th Circuit should find the statutes unconstitutional.
The brief argues that not only do the laws directly violate the Second Amendment, but they also lack any historical tradition of support and place undue burdens on law-abiding citizens exercising their constitutional rights. The brief is also critical of the 9th Circuit’s now routine practice of rehearing almost all Second Amendment victories en banc only to reverse the decisions.
“Our brief contends that the 9th Circuit’s practice of routinely granting en banc rehearing to overturn Second Amendment victories undermines public confidence in the judicial system,” Kostas Moros, SAF director of legal research and education, said in a news release announcing the action. “We also argue that the court should reverse its erroneous interest-balancing standard set in B&L Productions, Inc. v. Newsom, which improperly revives a test rejected by the Supreme Court in Bruen. Hawaii’s laws clearly implicate the plain text of the Second Amendment, and without a historical basis, they cannot stand.”
One section of the brief states: “News of rehearing being granted in this case was not surprising to those who have closely followed or participated in Second Amendment litigation in the Ninth Circuit. If a gun owner living in Hawaii or the West Coast desires to challenge a particular gun law they believe violates the Second Amendment, this Court’s track record serves as the ultimate chilling effect to dissuade them from bothering to turn to the court system.”
Ultimately, the brief encourages the court to either restore the original three-judge panel ruling or, in the alternative, rule for plaintiffs-appellees.
Alan M. Gottlieb, SAF founder and executive vice president, said the amicus brief is part of his organization’s ongoing mission to defend, secure and restore the Second Amendment rights of Hawaii residents.
“These arbitrary restrictions in Hawaii are unique and burdensome, with no parallel in other states,” Gottlieb said. “We urge the Ninth Circuit to either reinstate the three-judge panel’s ruling striking down these laws or rule in favor of the plaintiffs, ensuring that the Second Amendment is treated with the respect it deserves.”
SAF was joined in filing the brief by the California Rifle & Pistol Association (CRPA) and the Second Amendment Law Center (SALC).
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