Hawaii's Gun Restrictions Deemed Unconstitutional

On the heels of two Ninth Circuit Court decisions striking down restrictions on concealed carry permits in California, the same court just put Hawaii on notice that some of its gun restrictions need to be changed as well.

Early in February, the Ninth Circuit Court of Appeals held that San Diego County’s rule requiring residents to show “good cause” before being allowed to obtain a concealed carry permit violates the Second Amendment.

“The court ruled that the right to keep and bear arms is, in and of itself, a sufficient cause for bearing arms for self-defense. Moreover, it is a sufficient cause both inside and outside of one’s domicile,” Breitbart reported on February 13.

Forcing citizens to prove to the government why they should be allowed to gain a carry permit is a process called “may issue.” With a may issue rule, government puts the onus on citizens to prove that they should be allowed to observe their Second Amendment rights. The Ninth Circuit essentially informed the California county that it must institute a “shall issue” rule, one that assumes the citizen is eligible for a permit unless government can prove otherwise.

This same rule has now been struck down for Hawaii and by the same Circuit Court.

With the case Baker v. Kealoha (9th Cir. Mar. 20, 2014), the Ninth Circuit ruled that Hawaii’s restrictions were just like San Diego County’s and the rules would have to be reworked to conform to earlier court decisions.

Law professor Eugene Volokh notes that gun rights advocates cannot start celebrating just yet because various cases are still making their way through the courts and these decisions could be overturned. But he also says that the law has been moving in the direction of expanding Second Amendment rights, not restricting them, so the “writing is on the wall” for gun control fanatics.

Follow Warner Todd Huston on Twitter @warnerthuston or email the author at igcolonel@hotmail.com