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ALOHA, BRAH! Hawaii’s Insane Gun Laws Finally in the Crosshair

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Courtesy Wikimedia Commons/Daniel Ramirez/https://www.flickr.com/people/21442511@N08

Hawaii’s gun laws are best described as “lika-liki-diki.”

America’s 50th state doesn’t really seem to be aware that it is, in fact, a state and subject to the American constitution. As you no doubt recall, back in 2019 the Hawaiian State House of Representatives passed a resolution begging the government to repeal the Second Amendment. I have to give them credit for having noticed why Hawaiian gun laws cannot pass any kind of Constitutional muster, and I’ll further give them credit for their honesty in this matter. That said, as much as Hawaii wants to repeal the Second Amendment, Hawaii isn’t allowed to repeal the Second Amendment, and that’s why Hawaii has gone full Karen with its insane gun laws. The Second Amendment Foundation has those unconstitutional gun laws in its crosshair at last.

Let’s take a moment to look at what Hawaiians have to do in order to keep and bear arms. 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 transactio,n and within five days bring the firearm back to the police station for inspection.

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 state laws. That brief makes no bones about what’s going on in Hawaii, in some of the most hilariously direct lawyer-speak I’ve ever read. (It’s rather rare for briefs of this nature to be quite so spicy. Not that I’m complaining.)

“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.”

“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.”

22 Comments

22 Comments

  1. Big Mike

    May 5, 2022 at 12:14 pm

    This is why I do not visit (aka, spend tourist dollars) in California, New York, New Jersey, Hawaii, or any other state that does not honor our Constitutional rights.

    Kudos to Hawaiian politicians, however, for having the unmitigated gall to even suggest that the Second Amendment should be repealed. That took stupidity, arrogance and the government’s total disregard that it works for the people to a whole new level.

    Voters can fix the problem. All it takes is voting.

    • Clark Kent

      May 5, 2022 at 6:28 pm

      Not with a rigged voting system in place.

  2. tom roberts

    May 5, 2022 at 11:21 am

    What is crazy is the gun laws for visitors are more 2A friendly (relatively speaking) than for residents.

    We vacationed in Maui three years ago and I brought my CCW with me. I couldn’t carry but Hawaii law recognizes your gun ownership and right to possess in the residence/resort. I wanted the added protection at the resort and thought it would be cool to say I shot at an outdoor range in Maui (Really, how cool is that?). The procedure is to go to the local police department within 72 hours of your arrival, declare you firearm, show your concealed carry license, they inspect that it’s a legal gun to own (no automatic guns or sawed-off shotguns), then they give you a permit to possess (not to carry) that is good for 5 years. The MPD officer that helped me agreed that Hawaii’s gun laws were pretty wack even by California standards. He was originally from the Midwest but stayed in Hawaii once he got out of the service. He said the only reason he became a cop is so, “I could buy and shoot guns”. LOL

    What sucked it that there was only one range on Maui, it was only for shotguns, and it was only open to the public the third Thursday of the month. We arrived on Friday. LOL

  3. John T Meyers

    May 4, 2022 at 12:02 pm

    Sounds like NY Laws except they take a least six months to check you out and then you can carry to and from a range.

  4. Daniel Hammar

    May 4, 2022 at 11:45 am

    Attachment

    Hawaii is a perfect example of Democratic disregard for our Human Rights. The most important words in the Constitution are “The Right of the People” this is a recognition that it is a Human Right to own the sidearm of your choice and carry it in the manner of your choice.

    • Ed McGee

      May 5, 2022 at 10:00 am

      I suggest, their federal funds be cut off until they comply, It won’t take long.

      • Clark Kent

        May 5, 2022 at 6:29 pm

        Under THIS administration? Dream on.

  5. George

    May 4, 2022 at 10:34 am

    This type of “anti-constitutionalism” is typical of the leftist ideology, they are only concerned with absolute control of their subjects, not about individual right and they will go to any depth to get there. The current “leak” of the Supreme Court Roe V Wade decision is proof, think about how many leftists will be incised by this verdict and bring that hate to the polls in the fall..regardless of who the better candidate is.

    • Clark Kent

      May 5, 2022 at 6:30 pm

      Only fly in that ointment is most folks polled oppose abortion.

  6. Tony C.

    May 4, 2022 at 10:11 am

    What if you are moving to the islands and have a collection of firearms?
    And, I doubt if they will honor your carry permit.

    • Kawika

      May 4, 2022 at 10:35 am

      From what I was told I need to register each firearm within 5 days upon moving to the island. I was also told I needed to be a member or, or affiliated with a gun club. In addition, I was told it would have to be a very exceptional circumstance to get a carry permit, basically I was told they don’t issue them.

      • Garfy

        May 4, 2022 at 12:35 pm

        Actually, from what I understand, they have NEVER issued a carry permit to ANYONE who wasn’t somehow connected with HPD or a well-connected political/government figure. This explains why most Hawaii gun owners have out-of-state permits so they can at least carry when they travel on the mainland. It may also explain why so many locally born & raised residents have left the island to live on the mainland (besides the insane cost of living in Hawaii where the average home is in the $750K-$1 million!) People are fleeing the islands like New Yorkers were fleeing their state.

      • Bad Bill

        May 4, 2022 at 12:44 pm

        Interesting, to say the least. Hawaiians make a big show about respecting our American Flag but they do not honor our U. S. Constitution which our Flag represents. I would never relocate to Hawaii; not only because of their gun laws but their prices for everything are terrible. Also, it would mean always being an “outsider” and never be considered to be “Hawaiian.” I also recall that “native Hawaiians” get price breaks.

  7. Cliff

    May 4, 2022 at 9:59 am

    Get it through your heads people..The corrupt democommunists will not rest until ALL LAW-ABIDING CITIZENS are disarmed, so they can “instruct” their goons to start the “takeover of this country, in order to turn it into a communist-controlled third-world banana republic CESSPOOL, where their criminal “friends” can burn, loot, and murder at will, and the people will be helpless to resist.
    NEVER GIVE UP YOUR GUNS. IT IS YOUR GOD-GIVEN RIGHT TO BE ABLE TO DEFEND YOURSELF FROM these CRIMINALS, AND A TYRANNICAL “government” (that we have in place today) BTW, (that the second amendment was written for in the first place. It has NOTHING to do with “deer hunting” or “target practice”.

  8. Dennis Sumner

    May 4, 2022 at 9:48 am

    And people STILL move to Hawaii??

    • Garfy

      May 4, 2022 at 12:40 pm

      Many of the ones who are not born & raised in Hawaii and moved here (who aren’t multi-millionaires) are moving back to the mainland. I heard that last year over 10,000 moved away and I may be among that statistic in the very near future though I am local born & raised. Since January 2021, gas price has more than doubled, gallon of milk is $7 and my home has tripled in cost in 19 years! Yes, our Democrat-run state is doomed unless some radical changes are made. BTW, our State reported that they had a tax revenue surplus of $4 BILLION dollars!

  9. T

    May 4, 2022 at 9:46 am

    This was the same process for purchasing a handgun in Michigan for many, many years before we finally had Shall-Issue CPL’s in 2001.

    It sucked, but we made it work. Nobody was screaming about it being unconstitutional, though. I don’t recall gun rights organizations scrambling to strike down the purchase requirements and handgun registration that was and still is mandatory in Michigan.

    • JB Samuel

      May 4, 2022 at 10:07 am

      It takes a while to get to the point where you have a set of precedents to stand on. Alan has done amazing work getting us here. It’s not 2001 anymore. Gun rights are front and center in a lot of cases now and striking down unconstitutional laws is key to avoiding further encroachment.

    • Byron

      May 5, 2022 at 12:25 pm

      Sounds like to me someone, or many, should have.

  10. R. Roger Bedford

    May 4, 2022 at 9:27 am

    Would somebody please tell NJ Gov Phil Murphy that we are coming for him next? Hawaii is only one degree more draconian than NJ with the obstacle course to be navigated before gun ownership, let alone legal carry thereof is achieved.

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