Amicus Brief Filed In Hawaii Handgun Permit Law Challenge ~ Yakutake v. Hawaii

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BELLEVUE, WA – -(Ammoland.com)- The Second Amendment Foundation has filed an amicus brief with the Ninth U.S. Circuit Court of Appeals in the case of Yakutake v. Hawaii, challenging two cumbersome state laws they say are “undermining” Second Amendment rights.

Joining SAF in this important brief is the Madison Society Foundation. The brief was prepared by veteran civil rights attorney Donald Kilmer.

“This is a case,” the 13-page brief begins, “where a state-actor purports to comply with the Constitution’s text and Supreme Court case law, while intentionally undermining the fundamental right at issue. In fact, Hawaii is only engaged in a kind of malicious compliance.”

To buy a gun, a person must first go to the police station to apply for a purchase permit. Then the applicant must wait 14 days for a background check. Next, the person must go back to the seller, show the permit—which is only good for ten days for a handgun and one year for a long gun—complete the transaction and within five days bring the firearm back to the police station for inspection.

“Hawaii has erected nonsensical hoops for gun-buyers to jump through to exercise a fundamental right,” the brief continues. “The passive-aggressive regulations at issue in this case are mirrored by remarkably similar barriers to voting that were struck down by the Supreme Court more than 50 years ago.”

“If law-abiding citizens were subjected to similar laws while attempting to exercise any other constitutionally-enumerated right, it would be an outrage,” said SAF founder and Executive Vice President Alan M. Gottlieb. “The requirements to merely buy a handgun are solely designed to discourage Hawaii citizens of doing so. The two Hawaii requirements are disgustingly obvious in their intent, which is why the District Court found for plaintiffs Todd Yakutake and David Kikukawa.”

He noted the District Court “found that Hawaii had failed to produce any evidence to justify its scheme under any standard of review.”

“It is alarming,” Gottlieb observed, “that such statutory requirements to impede and discourage gun ownership exist anywhere in the country. Hawaii’s gun control scheme is deliberately complicated, and ultimately frustrating. It cannot be allowed to stand.”


The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

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Armydad

I moved to Kauai in 2010 after retiring from the Army as an MP. I had heard that they had strick gun laws. I owned a few handguns and rifles and was told to call the police department to register them. When I did I was told I could not get a concealed permit to carry and nor could I carry my handgun openly. When I asked why, I was told that’s the way the law is and if I get caught it’s an automatic felony. They further explained that no one has ever received a carry permit and they… Read more »

Monkey Mouse

And I though the process in NJ was bad. Hawaii is disgusting in this regards.

Joe R.

This is one issue where it’s faulty and wrong to eat an elephant ‘one small bite at a time’. There are 3 main issues here, as I see them. 1) No one is asking anyone, much less any governmental ‘authority’, to protect them on an individual level, as such authority does not, and can not do so. Scalise was a perfect example of how “government” (merely comprised of our neighbors who needed a job [none of which can ever rise to the level of our Founding Fathers]) cannot even protect itself / themselves. 2) Government cannot task itself with such… Read more »

swmft

or new york city

john

Democratic run Islands
Paradise that cost those that live there untold amounts of money under a democratic rule. California out in the middle of the Pacific

Dogma Factor

Hawaii is away worse than California, it’s just that they don’t make the news cycle being six hours behind New York.

Don’t you remember that Hawaii imprisoned vacationers in locked hotel rooms during the first year of Covid-19. The islanders are such crazy liberals that 100% of all state offices are held by socialist democrats.

Last edited 21 days ago by Dogma Factor