Federal Appeals Court Upholds Hawaii’s Firearms Regulations
A federal appeals court recently supported Hawaii’s strict firearms laws, reversing earlier decisions made by lower courts. This ruling came from an 11-member panel of the United States Court of Appeals for the Ninth Circuit.
The panel overturned lower court findings that deemed Hawaii’s permit-to-purchase system for handguns, as well as a requirement for newly bought firearms to be inspected by local police, as unconstitutional. The judges, which included appointees from various administrations, concluded that Hawaii’s “shall issue” policy aligns with the Supreme Court’s ruling in a recent case.
Judge John B. Owens, an Obama appointee, stated in the majority opinion that the Supreme Court’s decision focused on discretionary licensing systems, leaving untouched those that are objective and require background checks and other safety measures.
Attorney Alan Beck criticized the Ninth Circuit’s decision, arguing that it contradicts the Supreme Court’s earlier rulings and announced plans to appeal to the U.S. Supreme Court.
At the time of the lawsuit, Hawaii’s regulations required individuals to finalize gun purchases within ten days, although this timeframe was later extended to 30 days. The state also adjusted its inspection requirements during the legal proceedings.
Konstadinos Moros from the Second Amendment Foundation remarked that Hawaii’s law changes lowered the impact of the original regulations in response to the lawsuit. He emphasized that Hawaii’s unique laws shouldn’t benefit from exemptions that the Supreme Court didn’t intend.
In a separate decision from 2024 regarding firearm possession, the Hawaii Supreme Court referenced the “spirit of Aloha,” sidestepping Supreme Court precedents like the Bruen case. Notably, the dissenting opinions, all from Trump appointees, were significantly lengthier than the majority opinion, pointing out how they believed Hawaii’s laws infringe upon Second Amendment rights.
Judge Ryan Nelson, also appointed by Trump, expressed concerns that the challenged laws indicate a persistent effort in Hawaii to sidestep Second Amendment protections, labeling these regulations as abusive. Additionally, Judge Lawrence VanDyke, another Trump appointee, argued in his dissent that Hawaii’s complicated firearm-registration requirements stand out as exceptional and should not be enforceable.
