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Tuesday, August 10, 2021
Lawsuit Challenges Gun Confiscation After Disorderly Conduct Conviction
By News Release @ 12:40 AM :: 1318 Views :: Honolulu County, Police, Second Amendment

Honolulu Police Department Faces yet Another Lawsuit for Denying the Right to Bear Arms.

News Release from HiFiCo, August 5, 2021

Today attorneys Alan Beck and Kevin O’Grady filed a lawsuit in the United States District Court for the District of Hawaii on behalf of two Hawaii residents who HPD have wrongly denied the right to bear arms. 

UPDATE: Two Hawaii Gun Regulations Struck Down

(Link:  Roa, et al v. City and County of Honolulu 1:21-cv-00333-DKW-KJM )

The lawsuit alleges that the two plaintiffs in the case are being denied the right to bear arms after conviction of a violation under Hawaii's disorderly conduct law.

Under HRS 134-7, a person can be denied the right to bear arms if they are found guilty of a crime of violence. Hawaii law (HRS §701-107)recognizes crimes under three grades; felonies, misdemeanors, and petty misdemeanors. but also explains that "A violation does not constitute a crime, and conviction of a violation shall not give rise to any civil disability based on conviction of a criminal offense."

A recent change in HPD policy has lead to both plaintiffs being wrongly denied the right to bear arms. As violation does not meet the definition of a crime of violence, and neither man should be considered a prohibited person.

Both plaintiffs, however, were sent letters from the department denying them the ability to obtain a permit or register firearms and ordering them to surrender any they may have in their possession.

Hawaii Firearms Coalition has every confidence that this lawsuit will prevail in court and both plaintiffs will be swiftly vindicated.

IF YOU LIVE ON MAUI, KAUAI, OR THE BIG ISLAND and have had the same thing happen to you. PLEASE CONTACT US.

BA: New Lawsuit In Hawaii To Restore Rights Unlawfully Taken

UPDATE: Two Hawaii Gun Regulations Struck Down

PDF: Yukutake Order

PDF: Ros Signed Stipulation

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