Tuesday, February 27, 2024
Hawai'i Free Press

Current Articles | Archives

Tuesday, May 9, 2023
​Hawaii's new gun laws could lead to lawsuits, group says
By Selected News Articles @ 3:42 PM :: 2155 Views :: Second Amendment

Hawaii's new gun laws could lead to lawsuits, group says

by Merrilee Gasser, The Center Square,  May 8, 2023

A firearms bill passed by Hawaii lawmakers will make filing lawsuits on many of the state’s gun laws easier, a Second Amendment advocate told The Center Square.

If Senate Bill 1230 becomes law, it would be illegal to carry firearms in what the bill deems “sensitive places,” including government buildings, hospitals, restaurants and bars that serve alcohol, stadiums, movie theaters, concert halls, schools and colleges. The bill is on Gov. Josh Green's desk after receiving approval from lawmakers last week.

The bill also bans carrying guns at permitted public gatherings or demonstrations for which a permit. Carrying a firearm on a sidewalk adjacent to such a gathering would also be illegal.

“SB 1230 and its companion bills are a knee-jerk reaction to last year's Supreme Court ruling in NYSRPA Vs. Bruen,” Hawaii Firearms Coalition Director Andrew Namiki Roberts told The Center Square. “As made clear by the legislators in this year's session, they wanted to pass a bill that was as extreme as they thought they could get away with to subvert the rights of Hawaii's law-abiding firearms owners.”

The bill would also install stricter requirements for obtaining a concealed carry license and adjust related regulatory fees.

“There are many provisions in the bill that serve no purpose other than to make it harder for people to obtain firearms,” Roberts said. “The biggest concern should be with how obviously unconstitutional much of the bill is. For example, the requirement that someone be a resident of Hawaii to apply for a concealed carry license. This is a clear violation of the Second and Fourteenth Amendments, making it so that visitors and serving military members lose their right to bear arms upon entry to the state.”

He pointed out how other states that have passed “sensitive places” restrictions are already facing court challenges.

New Jersey lawmakers passed similar laws after the Bruen ruling. U.S. District Court Judge Renée Marie Bumb issued a restraining order in January banning New Jersey from enacting the "sensitive areas" portion of the law.

"The state may regulate conduct squarely protected by the Second Amendment only if supported by a historical tradition of firearm regulation," Bumb said in the 46-page ruling. "Here, defendants cannot demonstrate a history of firearm regulation to support these challenged provisions."

Roberts predicted the bill would face many legal challenges.

“The changes that they are making will make it easier to file lawsuits on many of Hawaii's gun laws, and the consequence of that is that a majority of them will likely go away over the next few years,” Roberts said.

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

808 Silent Majority

Aloha Pregnancy Care Center

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii

FIRE

Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

HIEC.Coop

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Moms for Liberty

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

July 4 in Hawaii

Kakaako Cares

Keep Hawaii's Heroes

Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

MentalIllnessPolicy.org

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Christian Foundation Hawaii

National Parents Org Hawaii

NFIB Hawaii News

No GMO Means No Aloha

Not Dead Yet, Hawaii

NRA-ILA Hawaii

Oahu Alternative Transport

Obookiah

OHA Lies

Opt Out Today

OurFutureHawaii.com

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

P.U.E.O.

RailRipoff.com

Rental by Owner Awareness Assn

ReRoute the Rail

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

School Choice in Hawaii

SenatorFong.com

Sink the Jones Act

Statehood for Guam

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

UCC Truths

US Tax Foundation Hawaii Info

VAREP Honolulu

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii

Yes2TMT