HONOLULU, HI –-(Ammoland.com)- Today, a District judge announced that he would strike down Hawaii’s gun registration and firearms permit law in the Yukutake v Connors case.
The lawsuit centers around Hawaii’s requirements on gun owners along with Honolulu Police Department’s registration and gun policies. Gun owners must apply for a firearm permit in person at the central police station on Oahu. This rule means that a gun must travel to the police station in Honolulu to apply for a gun permit no matter where they live on the island. The resident must then return to the station in person 14 days later to pick up the permit. Once the person acquires a firearm, they must then again return to the station with the gun to register it with the police department.
These requirements mean that a person must travel to the police station at least three times to obtain a gun in the Aloha State.
It could take several hours to reach the police station Honolulu from parts of the island depending on the time of day and traffic, and the Honolulu Police Department policies limit the time that a resident can pick up a permit to Monday to Friday (excluding holidays) and between the hours of 7:45 am and 3 pm. These times are in the middle of the workday for most residents, which means that someone would have to take off three days of work to obtain a gun.
Todd Yukutake and David Kikukawa challenged the law and claimed that it put an undue burden on their rights as gun owners. A Hawaiian District judge seems to agree with the men and said he would grant their motion for summary judgment entirely. At the same time, the judge will deny Hawaii’s motion for summary judgment completely. Thus, the ruling will strike down provisions of the state’s firearm permitting statutes.
The judge gave the state a chance to enter into a consent decree negotiated with the plaintiffs. Those negotiations would be like the Firearms Policy Coalition’s Philadelphia License to Carry (LTC) case, where the City entered into a consent decree with the plaintiffs. In that case, Keith Fetsurka, Timothy Sieck, and Firearms Policy Coalition (FPC) sued the City of Philadelphia Police Commissioner Danielle Outlaw, City of Philadelphia, and Pennsylvania State Police Commissioner Robert Evanchick over the closure of the City’s Gun Permit Unit because of the COVID-19 Pandemic.
Alternatively, the state could appeal the ruling to the United States Ninth Circuit Court of Appeals. Still, if it would do that, it would lose its ability to mitigate the damage if it lost at the federal circuit level. Legal experts AmmoLand News spoke to about the case expects the state to enter into consent decree negotiations with the plaintiffs.
For full disclosure, the attorney representing Todd Yukutake and David Kikukawa is Stephen Stamboulieh. Mr. Stamboulieh has represented me in the past when pushing the ATF to turn over documents via a Freedom of Information Act request. Stamboulieh and AmmoLand News had no contact about the case.
Mr. Stamboulieh and attorneys for the state do not have a comment at this time.
About John Crump
John is a NRA instructor and a constitutional activist. John has written about firearms, interviewed people of all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and can be followed on Twitter at @crumpyss, or at www.crumpy.com.
But once you actually get a gun you can’t get a permit to carry it.
Yep.
Yep, it’s not con carry with a patchwork-quilt of “gun free” zones, few if any of which existed in 1789 or 1791 when the Constitution & 2A were adopted.
Same in Mississippi except that the actual Constitutional non-concealed (open) carry provision allows even more places to carry (everywhere) than the regular or enhanced concealed permit does which is more than the constitutional carry law(s) allow. Confused yet?
HLB
Proving over and over and over that “law” makers need to go back to 1st grade to learn how to read and write.
I just got back from the past with my time machine and there were no “gun free” zones at the time the founding fathers formed the Constitution.
Thanks for you research!
My time machine reveals, after having visited back then/there a few times, that most towns and villages had LAWS relating to this.. the citizens in those towns were REQUIRED to carry thieir guns as they travelled to and from church for meetings, and whilst they were AT the churchhouse. Saved their powder one Sunday morning in I believe it wasSalem. Gage had sent a patrol to go, on Sunday morning when he KNEW everyone would be at Meeting, to confiscate the towns powder from their town magazine. Teo men happened to have remained later at home to deal with something,… Read more »
Gun Free Zones are Certified Defenseless Victim Zones.
Again: We don’t have Constitutional “rights”! The Constitution is the government and those that swear to uphold it are put on notice by it that they have a certain way to run the dog and pony show. We have natural rights. We need to get our terms right too. If we keep talking about the Constitution as if it grants us rights we are in error.
I am afraid that we really need to start carrying our arms in groups and challenging the gun free zones.
HLB
How about we stop backing NRA & every other group, talking head & ‘R’ that backs or does zip about ‘GF’ zones, bounce them in primaries etc?
0 interest in being a poli prisoner like the harmless ‘insurrectionists’ Trump shat on & abandoned.
‘Con Carry’ writers & posters here praise do-nothing cucks like Tx Gov Abbot & Spkr Phelan who back ‘GFZs’ & torpedo efforts to end them. I get thug-trashed with 0 support for exposing sacred ‘2A conservatives’.
Why lose my liberty & worse when our side lauds & puts them in power, won’t use statutory tools like primaries?
you should lay off that bathtub gin.
it’s not helping.
i.e., Zero-rion’s got zero, as usual.
You are absolutely correct sir, “Birth Right Carry” (“Constitutional Carry”) was enacted upon exit of the birth canal…the bill rights was put into place to restrict governing body and NOT the natural citizen…
“These requirements mean that a person must travel to the police station at least three times to obtain a gun in the Aloha State.”
And yet people scream because they need to show ID to vote, and call it “discriminatory”…
Apples and bananas. People voting ave never killed anyone…..right?? Oh wait!
No consent agreement, just a flat No!
No American needs to ask permission to buy or build a firearm. Nor to carry one. The government is specifically prohibited from interfering with citizens in this manner, by the highest law of the land.
Patriot Solutions – 8/8/21: “Rights will be returned once Trump gets done draining the swamp of the invisible enemy he frequently identifies.” https://bestnewshere.com/weekend-warrior-deep-underground-military-bases/ Resonse to Patriot Solutions: Like you said, Trump will be back in office this month – not much longer to wait! Martial law . . . and then . . . clearly . . . because, you know! Yes, Trump drains the swamp of those free-ranging swamp critters by hiring them for key government positions and his personal legal team. Clever! Gotta keep them close – that’s his secret! Look how he destroyed that swamp critter Giuliani… Read more »
You don’t understand 4D chess! Sometimes to drain the swamp you have to refill it! Then you can drain it even more, forever!
ALSO, JFK JR IS ALIVE!!! HE’S WORKING WITH TRUMP TO SAVE THE USA!!!
Listen and be awakened!
https://thetruedefender.com/do-you-know-what-the-police-scanner-just-said-hold-traffic-on-the-avenue-trump-and-kennedy-are-leaving/
Whoa! It’s all coming together now.
JFK Jr. is alive, incubators on a hosipital ship, the Sandy Hook false flag. It doesn’t take a genius like Alvin Firpo to connect those dots.
https://www.youtube.com/watch?v=mXqH3BOcdws&ab_channel=drumman33
That’s right, deniers! You want a piece of this? Kiss my ass!
It’s got scallions!
what specifically is the benefit of a consent decree vs straight out overturning of that section of existing law in Hawaii?
Take your own meds, Zerorion. Lay off the bathroom gin, drink more coffee. Consent decree means plaintiffs don’t risk losing entirely. If they win in the 9th, HI will redo the law so permitting & registration is “acceptably” burdensome.
a step in the right direction.
“This rule means that a gun must travel to the police station in Honolulu to apply for a gun permit…”
Do what?
Proving as usual, that those making the “laws” are equipped with the intelligence of a turnip.
Hey dontchya know this is Be Kind to Your Locl Turnipweek? Whjy are you bashing turnips?
Shoulder thing that goes up.
“This is a ghost gun,” de Leon begins, holding an unloaded rifle in his hands. “This right here has the ability with a .30-caliber clip to disperse with 30 bullets within half a second. Thirty magazine clip in half a second.”
Hawaii must be rained in from such restrictions on our 2A rights! What are its crime and murder rates over the last 10 years?
We don’t have 2A “rights”! The 2A is a prohibition on those who are running the dog and pony show.
What a load of psyop bull. Javanka, Wray, Barr, Scaramucci, Kelly, Mattis, Tillerson, Haspel, et ilk. 3 new “Federalist” Society “justices” who say non-cheating states have no standing to stop fraud states from disenfranchising their own voters, other voters & other states in order to steal federal elections & seat a junta. Pimped gun control after a massacre. Stuck us with dangerous vaccines. Takes no responsibility for the unarmed “insurrection”, which he helped cause by refusing to discredit Q and other idiotic “pro-Trump” psyops. Betrayed hundreds of his supporters, including Julian Assange, to torture & eventual death in prison. Draining… Read more »