Hawaii Firearms Coalition challenge's Hawaii's permit to acquire system

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  • wolfwood

    Ultimate Member
    Aug 24, 2011
    1,361
    Stephen and I just filed this complaint on behalf of Hawaii Firearms Coalition member Todd Yukutake? and David Kikukawa challenge the State of Hawaii's and the City and County of Honolulu's requirement that individuals bring their guns to the station in order to register, physically retrieve their permits at the station, the fact handgun permits expire after 10 days from receiving them and the times HPD is open to apply for a permit to acquire.

    https://www.scribd.com/document/431913307/Yukutake-et-al-v-Connors-at-al-Filed-Complaint
     

    Pope414

    Active Member
    Stephen and I just filed this complaint on behalf of Hawaii Firearms Coalition member Todd Yukutake? and David Kikukawa challenge the State of Hawaii's and the City and County of Honolulu's requirement that individuals bring their guns to the station in order to register, physically retrieve their permits at the station, the fact handgun permits expire after 10 days from receiving them and the times HPD is open to apply for a permit to acquire.

    https://www.scribd.com/document/431913307/Yukutake-et-al-v-Connors-at-al-Filed-Complaint

    Kick their ass Wolf !:kicknuts:
     

    Qbeam

    Ultimate Member
    Apr 16, 2008
    6,074
    Georgia
    Being from Hawaii, the laws suck. They've gotten worse and more ridiculous. Good luck with the case. Most times, you need two half days off to buy the gun, submit the paperwork, wait 7 days, pick up approved paperwork, pick up the gun, take it back to PD for verification and final paperwork.



    Could be worse, could be Jersey or New York.




    Q
     

    Kharn

    Ultimate Member
    Mar 9, 2008
    3,578
    Hazzard County
    Another win for the good guys today.

    Decision by the federal district court
    The Truth About Guns article

    Re purchase permits being valid for 10 days:
    "[T]he Government makes no effort to explain how this promotes public safety—that is, why the law is a reasonable fit to its asserted objective. In absence of an explanation, the court’s best guess as to the Government’s reasoning is that the law ensures that individuals do not make use of a permit to acquire after they become disqualified from owning a gun. But that this promotes public safety is not a common-sense conclusion. In fact, the opposite could be true. By shortening the permit use period to reduce the likelihood that disqualifying changes occur before the applicant obtains the handgun, the law arguably increases the likelihood that individuals will already be in possession of a gun should a disqualifying change occur.12 This outcome could negatively impact public safety by increasing the probability that unqualified individuals may be in possession of guns."

    Re taking your purchased firearm to the police for inspection and registration:
    "…the Government wholly fails to demonstrate how the in-person inspection and registration requirement furthers these interests. It merely states that “ensuring that the registration information is accurate, ensuring that the firearm complies with Hawaii law, and confirming the identity of the firearm can be easily accomplished simply by bringing the firearm to the registration for inspection.”

    This bald statement is not enough to meet the Government’s burden. “To survive intermediate scrutiny, the defendants must show ‘reasonable inferences based on substantial evidence’ that the statutes are substantially related to the governmental interest.” Here, the Government has provided no evidence whatsoever in support of its position."
     

    Wangbadan

    Big Wang
    Jul 15, 2021
    85
    Another win for the good guys today.

    Decision by the federal district court
    The Truth About Guns article

    Re purchase permits being valid for 10 days:
    "[T]he Government makes no effort to explain how this promotes public safety—that is, why the law is a reasonable fit to its asserted objective. In absence of an explanation, the court’s best guess as to the Government’s reasoning is that the law ensures that individuals do not make use of a permit to acquire after they become disqualified from owning a gun. But that this promotes public safety is not a common-sense conclusion. In fact, the opposite could be true. By shortening the permit use period to reduce the likelihood that disqualifying changes occur before the applicant obtains the handgun, the law arguably increases the likelihood that individuals will already be in possession of a gun should a disqualifying change occur.12 This outcome could negatively impact public safety by increasing the probability that unqualified individuals may be in possession of guns."

    Re taking your purchased firearm to the police for inspection and registration:
    "…the Government wholly fails to demonstrate how the in-person inspection and registration requirement furthers these interests. It merely states that “ensuring that the registration information is accurate, ensuring that the firearm complies with Hawaii law, and confirming the identity of the firearm can be easily accomplished simply by bringing the firearm to the registration for inspection.”

    This bald statement is not enough to meet the Government’s burden. “To survive intermediate scrutiny, the defendants must show ‘reasonable inferences based on substantial evidence’ that the statutes are substantially related to the governmental interest.” Here, the Government has provided no evidence whatsoever in support of its position."

    Thanks for the update. This sets a good precedent for the rest of us! Hopefully Maryland will follow suit

    -big Wang
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,678
    Thanks for the update. This sets a good precedent for the rest of us! Hopefully Maryland will follow suit

    -big Wang

    Maybe, but I doubt it. Hawaii’s is so convoluted and unsupportable. I disagree with Maryland’s permit law, but is is much more defensible with cogent arguments than the odd twisted thing Hawaii has.

    If Marylands was worse, sure. But if it isn’t even a pale shadow, not sure the judgement has any impact on Maryland’s law (ignoring different circuits).
     

    Occam

    Not Even ONE Indictment
    MDS Supporter
    Feb 24, 2018
    20,239
    Montgomery County
    Maybe, but I doubt it. Hawaii’s is so convoluted and unsupportable. I disagree with Maryland’s permit law, but is is much more defensible with cogent arguments than the odd twisted thing Hawaii has.

    If Marylands was worse, sure. But if it isn’t even a pale shadow, not sure the judgement has any impact on Maryland’s law (ignoring different circuits).

    Right. No direct bearing on us at all, though I suppose someone might include in a brief a reference to the judge finding that complex permitting schemes with hurdles that clearly don't impact safety and crime don't pass the smell test. The fact that Hawaii's are Double Plus Insane doesn't mean that Maryland's HQL, etc., aren't also utterly divorced from the reality of where violent "gun crime" comes from, and exist strictly to inconvenience law abiding people in the exercise of their constitutionally protected right to self defense.
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    32,884
    Directly , not really .

    Indirectly down the road as part of hopefully other favorable decisions , might be an additional cite .
     

    DC-W

    Ultimate Member
    Patriot Picket
    Jan 23, 2013
    25,290
    ️‍
    1660853416402.png
     

    Mark75H

    MD Wear&Carry Instructor
    Industry Partner
    MDS Supporter
    Sep 25, 2011
    17,174
    Outside the Gates
    What led Hawaii to adopt such strict laws in the first place?
    No, it preceeded Democrat stupidity. Their problem is not being part of American culture. They are culturally Pacific Islanders, not Americans. Phillipinos are more American than Hawaiians.
     

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