HAWAII – US District Judge J. Michael Seabright has dealt a blow to two of Hawaii’s gun control laws. Hawaii requires a permit to purchase a handgun and once granted, the permit expires in ten days requiring the purchase to be made within that time frame. Once purchased, Hawaii law also requires the buyer to take the gun to a police station for an inspection. Judge Seabright struck down both provisions on the grounds they would not withstand constitutional scrutiny.
In his ruling, Judge Seabright concluded:
“For the foregoing reasons, Plaintiffs’ Motion for Summary Judgment is GRANTED and Defendant’s Counter Motion for Summary Judgment is DENIED. HRS § 134-2(e)’s requirement that “[p]ermits issued to acquire any pistol or revolver shall be void unless used within ten days after the date of issue” is declared unconstitutional in violation of the Second Amendment. Defendant’s officers, agents, servants, employees, and all persons in active concert or participation with Defendant are permanently enjoined from enforcing HRS Case 1:19-cv-00578-JMS-RT Document 107 Filed 08/16/21 Page 31 of 33 PageID #:100932
134-2(e)’s 10-day permit use requirement for handguns. To be clear, no other language in HRS § 134-2(e) is found unconstitutional. HRS § 134-3(c)’s requirement that, with the exception of certain licensed dealers, “[a]ll other firearms and firearm receivers registered under [HRS § 134] shall be physically inspected by the respective county chief of police or the chief’s representative at the time of registration” is unconstitutional in violation of the Second Amendment. Defendant’s officers, agents, servants, employees, and all persons in active concert or participation with Defendant are permanently enjoined from enforcing HRS § 134-3(c)’s in-person firearm inspection and registration Requirement.”
The ruling is a victory for gun rights activists and another stinging defeat for gun control advocates.
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