HAWAII FIREARMS COALITION SUBMITS AMICUS BRIEF IN OPPOSITION TO THE STATE OF HAWAII’S APPEAL FOR EN BANC REHEARING IN YOUNG VS HAWAII
The Ninth District Court of Appeals Correctly Ruled That the People Must Have a Means to Protect Themselves Outside of Their Home.
News Release from Hawaii Firearms Coalition, November 19, 2018
Honolulu, Hawaii — The Hawaii Firearms Coalition (HIFICO) today filed an amicus brief in opposition to a rehearing of Young VS Hawaii by the United States Court of Appeals for the Ninth Circuit.
Young VS Hawaii was heard in the Ninth Circuit Court, arguing that Hawaii’s effective ban on carrying a firearm openly for self-defense is unconstitutional. The State of Hawaii refuses to accept the ruling made by the three-judge panel and is seeking a rehearing before the full court.
Hawaii Island’s vast rural land mass creates areas that are potentially dangerous. Many areas are inadequately policed leaving one’s safety and their family’s safety up to the individual. In some areas of the state, including Hawaii Island, police response times are measured in hours not minutes. The implementation of Hawaii Revised Statute 134-9 removes the ability of the individual to have adequate means of self-defense.
HIFICO has an interest in this case because an erroneous en banc reversal of the panel opinion will unconstitutionally deprive Hawaii citizens of the right to adequately defend themselves, their family, and their property.
PDF: Amicus Brief
About Hawaii Firearms Coalition
Hawaii Firearms Coalition promotes legislative and legal action, as well as research, publication and advocacy, in support of people’s civil liberties. Hawaii Firearms Coalition litigates firearm-regulation cases, and it has consistently advocated for a principled interpretation of the United States Constitution to prevent government from violating the basic civil rights of its citizens.
Hawaii Firearms Coalition works with other groups, clubs, originations and individuals to unify Hawaii’s firearms owners towards the common goal of defending their rights, themselves and their families.
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HAWAII RIFLE ASSOCIATION FILES AMICUS BRIEF IN SUPPORT OF U.S. DISTRICT COURT RULING ON SECOND AMENDMENT RIGHT TO SELF-DEFENSE IN PUBLIC
A Panel at Trial Held that the Right to Bear Arms Must Guarantee Some Right to Self-Defense in Public
News Release from Hawaii Rifle Association, November 19, 2018
HONOLULU, HAWAII (November 19, 2018) – The Hawaii Rifle Association (“HRA”) joins others today in filing an amicus brief supporting the Second Amendment’s right to bear arms for self-defense in public.
The brief was filed with the U.S. District Court of Appeals for the Ninth Circuit in the case of Young v. State of Hawaii, et. al. Young filed suit in the U.S. District Court for the District of Hawaii when his application for a handgun permit for the purpose of self-defense was denied twice.
At the U.S. District Court level, a majority of the three-judge panel held that the Second Amendment encompasses a right to carry firearms openly in public for self-defense. The State of Hawaii filed an appeal for a re-hearing en banc. HRA files this amicus brief in opposition of the state’s appeal, and in support of upholding the decision of the majority.
Hawaii Revised Statute section 134-9 (“HRS 134-9”) empowers the chief of police to grant permits for concealed or open carry if the applicant has shown sufficient reason to fear injury to themselves or their property. HRS 134-9 has been utilized to routinely and arbitrarily deny the right to open or concealed carry of firearms in public regardless of the reasons provided, limiting permits only to the self-defense in the home. Currently, there is no review or appeal of any denial.
HRA President, Harvey Gerwig, states “HRA recognizes that the need for self-defense is not always confined to the home--the Second Amendment guarantees the right to bear arms. Unfortunately, HRS 134-9 has been used to effectively block our citizens’ Second Amendment rights. The decision by the U.S. District Court panel moves Hawaii in the right direction.”
ABOUT HAWAII RIFLE ASSOCIATION
The mission of the Hawaii Rifle Association is to protect [its members’] Second Amendment Right to Keep and Bear Arms, and protect Hawaii’s hunting and shooting traditions. The HRA is affiliated with the National Rifle Association and works to protect Hawaii’s local rights to keep and bear arms, primarily at the state and local level.