Avoiding Bruen: Hawaii

You can tell the size of the bubble by the word games people play. In the state of Hawaii it is nearly impossible to get a CCW and it is illegal to open carry unless hunting.

A recent 9th circuit court case found that this was constitutional after the same 9th circuit found that another law was constitutional only because a state offered one of open or concealed carry.

The gist of the cases was the infringing law was constitutional because the state allowed concealed carry via a may issue process. Banning all open carry was acceptable. Hawaii was shown to have an effectively no issue because of how difficult it was to get permits to carry a firearm.

Hawaii is also one of the states that requires an ordinary citizen to get government permission before exercising their second amendment guarantees.

Bruen was about may issue with regard to concealed carry. The opinion mentioned but was not answering open carry issues.

According to Hawaii News Now, Bruen was about open carry. Interesting.

They are so limited in their thinking about the open door to their cage that they haven’t figured out how Bruen is going to effect their gun laws.

The Supreme Court is expected to rule on a separate lawsuit by a Big Island resident George Young Jr. that seeks to overturn Hawaii’s restrictions on concealed weapons removing that exceptional case rule from the statute.

Even if Young is successful, they will still face an uphill battle to fundamentally change how Hawaii regulates firearms across the state.

If that rule is struck down, state lawmakers say they’re already working on legislation that would shore up Hawaii’s gun laws, including rules that would make anyone applying for an open or concealed carry permit to go through the same firearms training that HPD officers go through.
— Hawaii News Now: Fate of Hawaii’s gun laws still unclear following Supreme Court’s open carry ruling

I have a suggestion for the law makers in the state of Hawaii, how about just follow the Constitution, follow the law.


Comments

3 responses to “Avoiding Bruen: Hawaii”

  1. It's just Boris Avatar
    It’s just Boris

    They’ll have to be dragged kicking and screaming. So will, I’m guessing, the 9th circuit as a whole. (There are certainly good ones on it but, Trump’s appointments notwithstanding, somehow they are always outnumbered when en banc hearings are held.)
    .
    Perhaps a blanket “all of your state gun laws are unconstitutional as of now” nuclear strike is being asked for.

  2. Rick Avatar

    The MA governor and AG have already declared that they will not abide by Bruen. Sigh.

    1. pkoning Avatar
      pkoning

      Maura Healey has long been a poster child for “criminal politician”. Her oath of office doesn’t mean a thing to her; honesty is not a concept she cares for at all.