Court Rules Two Hawaii 'Gun
Control' Laws Violate the 2A

When you think 'gun control,' the states that immediately come to most people's minds are California, New York, New Jersey and a few other usual suspects. But Hawaii takes a back seat to no one in its zeal to keep its citizens disarmed (see, for example, the state's virtual ban on carrying guns outside the home). But yesterday, a US District Court judge struck down two laws that are clearly intended to limit or outright discourage individuals from buying and owning firearms.

Hawaii is a may-issue state that requires a permit in order to purchase a firearm. The state-issued permits have a short shelf life, expiring in 10 days. The government claimed that allowing only ten days from issuance to purchase somehow "promotes public safety." But in their response to the lawsuit challenging the law, they didn't demonstrate how.

As Judge J. Michael Seabright wrote …

[T]he Government makes no effort to explain how this promotes public safety—that is, why the law is a reasonable fit to its asserted objective. In absence of an explanation, the court's best guess as to the Government's reasoning is that the law ensures that individuals do not make use of a permit to acquire after they become disqualified from owning a gun. But that this promotes public safety is not a common-sense conclusion. In fact, the opposite could be true. By shortening the permit use period to reduce the likelihood that disqualifying changes occur before the applicant obtains the handgun, the law arguably increases the likelihood that individuals will already be in possession of a gun should a disqualifying change occur.12 This outcome could negatively impact public safety by increasing the probability that unqualified individuals may be in possession of guns.

The second law that was challenged requires the buyer to then appear at their local police station to present the newly-purchased firearm for inspection and registration. .....