Young Case against Hawaii Carry Ban Finally Moving Forward

“It is apparently just fine for him to be taken from his home country to fight in Vietnam with high powered weaponry but then to forbid him to carry a handgun outside his home for self-defense in Hawaii.” (Brief of Amicus Curiae George K. Young in Support of Petitioners)

U.S.A. – -(Ammoland.com)- After being put on hold pending action on an unrelated case by the Supreme Court, the case of Young v. Hawaii is once more moving forward, with a hearing scheduled for the week of September 21, Hawaii Firearms Coalition reports.  The appeal, filed by attorney Alan Beck in 2012 and joined by attorney Stephen Stamboulieh in 2015, challenges Hawaii statutes regulating carry permits – and lack thereof – on Second Amendment grounds. Plaintiff George Young, denied a concealed carry permit, was also denied the right to carry openly.

The case was delayed earlier his year per a Feb.14, 2019 order:

“En banc proceedings are stayed and submission of this case for decision by the en banc court is deferred pending the issuance of an opinion by the United States Supreme Court in New York State Rifle & Pistol Association, Inc. v. City of New York, No. 18-280 and further order of this Court.”

“This is the second stay of proceedings in this case since Mr. Young’s case was first docketed in this Court on December 24, 2012,” a motion for reconsideration observed at the time.

“Mr. Young has now been on appeal in the Ninth Circuit since December 24, 2012 (six years, four months and twenty days) and there is still no end in sight,” a May 2019 friend of the court brief filed in the New York case reminded the Supreme Court. “Mr. Young will be seventy years old this year in September.”

Attorney Beck elaborated further on the case going forward in a brief one-on-one with AmmoLand Shooting Sports News:

What's the case?

The case is challenging the State of Hawaii handgun carry law and the County of Hawaii's application of that state law.

Why is it necessary?

It is needed because Hawaii effectively bans the carry of firearms. While there is a law on the books, the County has never issued a permit.

Tell us about your client.

My client is a native Hawaiian.  He is a Vietnam infantry veteran who retired from the Army after  21 years of service.

How long has he been trying to get his rights recognized?

He has been trying since 2007.  He has filed three federal lawsuits over the handgun carry law.  I began to represent him during the third lawsuit.

Where is the case now?

We won in front of a three-judge panel.  We are going to argue in front of the 11-judge Ninth Circuit en banc panel in Sept.

As noted in previous AmmoLand reporting:

“We must come to see with the distinguished jurist of yesterday that ‘justice too long delayed is justice denied,’” Martin Luther King, Jr. wrote in his historic “Letter from Birmingham Jail.”

Justice for Young – and for all gun owners who believe unyieldingly in the right of the people to keep and bear arms – has been delayed for far too long. If it’s denied, such gun owners will be quoting Kennedy instead of King.

Good News on Another Front

In a tangentially-related development, a settlement, release, and indemnity agreement has been reached in the case of Yukutake v. Honolulu.

Per the Hawaii Firearms Coalition:

“The lawsuit alleges that Hawaii’s requirement to transport a firearm to a police station for registration and Honolulu police department policies for the acquisition and registration of firearms is burdensome and unconstitutional.”

Attorney Beck explained the settlement in an email notice announcing the agreement:

“The City and County of Honolulu entered into a settlement agreement with two of my clients…. After the lockdown is over, everyone who is in line at HPD's firearms registration department by 630 p.m. on Wednesdays will be served. The door used to be closed at 3 p.m. so my clients had to miss work to buy a new firearm. Secondly, HPD will be implementing a new system to email completed permits to acquire to applicants so they don't have to go back to the station to pick them up.”



About David Codrea:David Codrea

David Codrea is the winner of multiple journalist awards for investigating/defending the RKBA and a long-time gun owner rights advocate who defiantly challenges the folly of citizen disarmament. He blogs at “The War on Guns: Notes from the Resistance,” is a regularly featured contributor to Firearms News, and posts on Twitter: @dcodrea and Facebook.

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Wass
Wass
1 month ago

As long as a cabal of four anti-gun justices sit on the US Supreme Court, with a swing justice (Roberts) in the wings, these cases will hang in limbo, as they ought to be, because the issue of civilian gun rights is to precious to be rushed to an ignominious defeat by one or two SCOTUS justices. We’ll just have to wait longer. GO TRUMP!

Ryben Flynn
Ryben Flynn
3 months ago

Yet fictional characters and bad guys in TV Shows carry all sorts of firearms, including machine guns in Hawaii. Even a real Private Investigator does not qualify for a carry permit. Yes, I know those are prop guns, but still…

Doszap
Doszap
3 months ago

Hawaii is NYC on steroids.

Rock
Rock
3 months ago
Reply to  Doszap

Another Dem operated $$$ SHIT HOLE…

Luv2shoot
Luv2shoot
3 months ago

Apparently there was a massive “denial of service” attack. It happened in Delaware too.

Wild Bill
Wild Bill
3 months ago
Reply to  Luv2shoot

@Luv, do we know who is behind it? Something this big can not be some teenager with his home computer.
The only place I could get to was St. Cloud, Mn.

Wild Bill
Wild Bill
3 months ago
Reply to  Wild Bill

“They” are saying: “T-Mobile outage finally ends after more than twelve hours (updated) T-Mobile confirmed a ‘widespread routing issue’ caused problems Monday. T-Mobile’s network is having an issue with voice and data service. There was a huge spike in outage reports on Down Detector starting at around 1 PM ET today, with many people across the US suggesting on that site and Twitter that they’re having problems. By around 3:30 PM ET, Down Detector had collected more than 82,000 outage reports. Some people are unable to make or receive calls, but Wi-Fi calling still seems to work (in case you’re… Read more »

PMinFl
PMinFl
3 months ago
Reply to  Luv2shoot

Tampa Bay area down @ 14:47 6/16/20

Core
Core
3 months ago

Will be watching this closely. Hawaii’s tyranny has gone on long enough, we need to fight hard and enforce Article VI if these tyrants do not back off. Defund them, Disbar them, and Discharge them from Office!

Wild Bill
Wild Bill
3 months ago

AT&T, Sprint, T-Mobile and Verizon all seem to be down at the same time.

Wild Bill
Wild Bill
3 months ago

The time is 1851hrs central time. Do any of you all Texans have cell phone service? I can not seem to raise Dallas.

Wild Bill
Wild Bill
3 months ago
Reply to  Wild Bill

, Pennsylvania to Mission Viejo! Try calling someone by cell phone.

GUNFUN
GUNFUN
3 months ago

Sure, now we have to launch an entire federal court case in order to have our rights! SO glad I’m in America. Sure, its the best, but how did a communist state sneak into our midst.

Knute
Knute
3 months ago
Reply to  GUNFUN

USA: So… business as usual for the cult of lucifer?? 🙂

Doszap
Doszap
3 months ago
Reply to  GUNFUN

Our parents, and Public schools LET THEM.

Tionico
Tionico
3 months ago
Reply to  Doszap

in the early nineteen teens they decided to target the educatinsystem in the US.. make it publiucally funded, removing it from parantal control, and making it mandatory and uinversal. They ran silent and ran deep, and now we see the fruit of their scheming. They did allow exceptioins for private schools (mostly church affiilated but not all) and homeschooling, under MUCH pressure from those who organised and fought hard). Now they thiink they have education locked up, they are working on busing their idealogy out of the education system, particularly at post-secondary level, and we see Antifa and BLM, their… Read more »