Home » Blogs » BREAKING: Ninth Circuit Makes Hawaii a Shall-Issue State

BREAKING: Ninth Circuit Makes Hawaii a Shall-Issue State

Dan Zimmerman - comments No comments

courtesy marketplaceweddings.com

The Peruta dominos continue to fall. In an earlier decision in Baker v Kealoha, a District Court refused to rule in favor of the plaintiff, Christopher Baker. Baker had moved for an injunction against various Hawaii state agencies that had denied him a carry license. As a Ninth Circuit panel summed up the District Court’s rationale, the District Court denied the motion because, “Baker was not likely to establish that Hawaii’s restrictions on carrying firearms in public were unconstitutional under the Second Amendment, and therefore, Baker was not likely to succeed on the merits.” But that was pre-Peruta . . .

Today, though, a Ninth Circuit panel has ruled that,

In light of our holding in Peruta, the district court made an error of law when it concluded that the Hawaii statues did not implicate protected Second Amendment activity. Accordingly, we vacate the district court’s decision denying Baker’s motion for a preliminary injunction and remand for further proceedings consistent with Peruta.

So while there are still some formalities involved, the Peruta decision that is transforming California appears likely to have the same effect on the Aloha State. Just another day in paradise.

[h/t Danny C.]

0 thoughts on “BREAKING: Ninth Circuit Makes Hawaii a Shall-Issue State”

      • Mark my words, NJ will be the last state to issue CCW permits, if at all. And that’s a huge ‘if’. Like I said before, even if the Supremes overturn the current ‘justifiable need’ requirement, NJ will scramble to circumvent the ruling by enacting new, equally impossible to meet standards. The % of population who own guns in NJ is small, not enough people to fight back. And certainly no judges or sheriffs who support CCW. And now the 10 round mag cap limit is on the horizon…

        Reply
      • I always said if I could carry legally, I’d move back to Baltimore! But I don’t think I’m leaving Carroll county ever, even with carry. Here’s to O’Malley’s blood pressure going up with this news…..

        Reply
        • He’ll raise our taxes to fight it out in the courts.

          I think we may have better odds of breaking off from the rest of MD, then getting them to let us carry.

          Reply
  1. Well, not exactly–but the district court will at least have to entertain Baker’s request for a preliminary injunction while his case wends its way thru the courts. Probably should be more careful with those headlines.

    Reply
  2. Nice, but I’m hesitant to declare victory until any law-abiding citizen can walk into the Marin County, LA and Honolulu sheriff’s offices and get a permit without even a whiff of hassle.

    Reply
  3. Why is it my responsibility to care for the well being and safety of someone who is trying to kill me? He made the choice to threaten my life. He should accept the consequences of making that choice.

    I use a gun for self defense over other less lethal means because it is the most effective and fastest way to stop a threat. When someone is trying to kill me or my family, I am not concerned with his safety. I need to stop the threat as fast as possible. Period. I’m not going to dick around and pillow fight until he decides to stop.

    Reply
  4. Those of us in the Citizen Disarmament Republic of New Jersey have been watching these 9th Circuit cases with particular interest.

    With the 2nd, 3rd and 4th Districts upholding versions of “good cause” restrictions, these 9th Circuit decisions create just the kind of circuit split that mght prompt SCOTUS to grant certiorari to our own concealed carry/justifiable need case, Drake v. Jerejian (http://www.washingtontimes.com/news/2014/feb/26/miller-pressure-for-supreme-court-to-take-up-drake/?page=all).

    Should SCOTUS take that case and rule in our favor, the entire country will become shall issue.

    Reply
  5. I bought the Yugo N Pap M70 from J & G Sales for $529. This is my first rifle and first time to buy a weapon online. Im from San Diego, CA.

    To my surprise, buying a weapon specially if you are from CA is a bit reficulous. First J & G Sales asked for my FFLs “Assault Weapons” permit and “High Cap Weapons ” permit. TDS Guns in San Diego didnt have one. Going back and forth w J&G Sales, they ended up cancelling the order because I could provide an FFL w the right permit. They did shipped my 3 Tapco 10 round mags.

    In fact no FFL here dont have one. I found one but its 10 hrs away. In Rocklin CA. So I called J&G to reactivate the order and send the rifle to TDS Gun s in Rocklin. Regretfully, because J&G do not install Magazine Locks, the rifle is considered as an “Assaul Weapon. And TDS Guns Rocklin “Assault Weapons” permit will expire on 21 Mar. Although they renewed they have no idea when will recieve the permit. I called J&G Sales and they will send the rifle. On fact I got the email tracking from USPS that its on its way.

    Upon arrival, TDS in Rocklin will convert the rifle so it will not be an Assault Rifle. Then ship it to TDS here in San Diego.

    Apparently this rifle meets the 922 R. My questions are:
    1. Can I install a collapsible stock? The GLR16 from Macko (imported from Israel)
    2. Does this N Pap have the double stack bolt?
    3. What rail system fits on this Yugo N Pap?

    Thanks

    Reply
  6. My retort to the “Nothing you own is worth a life.” is, “Right! Nothing I own is worth YOUR life, hence don’t try to take something I own.”
    And no, I don’t have friends who think this way. My friends have more sense than that.

    Reply
  7. I live in Spokane. While we are quite the prudish town, not much you can do about this. It wasn’t that long ago there was a big stink about topless baristas. It was across the street from my shop actually. It got so stupid that they were rerouting school bus routes to prevents kids from getting a glimpse of some breast. The city of Spokane Valley passed an ordinance. No more boobs.

    Reply
  8. my hubby and i experienced a similar situation when we were at a gas station/convenience store this past summer. luckily, he was armed and right next to our car. i, unfortunately, was not. lesson learned.

    Reply
  9. Pfffffft. This guy who wrote this review sounds like an amateur. There’s absolutely nothing wrong with the PX4’s guide rod assembaly, or anything else for that matter. How the hell do you break the guide rod?? That’s never even been a thought in my head that someone could do that from cleaning. Obviously you’re doing something very wrong, or you’re flat out negligent…or both. And you admitted it when you shoved 18 rounds in a 17 round magazine. I’ve known lots of guys just like you that don’t know how to properly maintain firearms.

    Reply
  10. This is a very common requirement – I have never belonged to a gun club that did *not* have NRA membership as a prerequisite qualification.

    Decades ago, the Director of Civilian Marksmanship (DCM), a U.S. Government organization under the War Department (Army) and later the Department of Defense, required NRA membership in order to purchase surplus military firearms.

    The NRA was then, and is now, the premier organization in the country for promoting marksmanship and the safe, responsible use of firearms through education and marksmanship competition. It was instrumental in establishing marksmanship training during the buildup for WWII. Back then, the government recognized the NRA as a responsible civic organization and a force for good.

    This began to change after 1968, when the Gun Control Act was passed. The NRA eventually had to become politically active through the NRA Institute for Legislative Action (NRA-ILA), in order to protect the Second Amendment. It is NRA-ILA that garners the most attention (and vitriol) these days.

    The anti-gun politicians and media could care less about the NRA and its civic activities (e.g., support for law enforcement, support for building safe local ranges, safety education, etc). For them, NRA-ILA is the face of the NRA, and it is their enemy.

    I’m sure that in 1963, it was completely non-controversial for the city to lease the land to a gun club on very favorable terms – they probably viewed it as a win-win proposition. But now that left-liberal anti-gun politics seems to inform their thinking, it’s not a firm foundation for the club.

    I think the best thing for the club to do would be to drop the requirement temporarily, and then enlist the NRA-ILA and state association to help them in a campaign to defeat the politicians that started this. Then reinstate the NRA requirement once they are defeated.

    Good luck.

    Reply
  11. Nathan had drawn a trident, swords, and a bow & arrow in his notebook.

    If that upsets the school, they’ll have a coronary when they see what some kids drew on the boys room wall.

    Reply
  12. At their best, those “excellent response times” only kick in once a call is made. Are you gonna be the one caught chatting on your cell after the greedy guys with guns bust in? But seriously, what are the cops officially going to say? “We’re glad that these ladies are taking steps to protect themselves since we can’t realistically be there to protect them”? And yes, I know about the Detroit PD chief and the Milwaukee sheriff–obvious exceptions to the rule.

    Reply
  13. As a physician, I most certainly CAN have a positive impact on gun safety…in my own house, with my own kids. That is it. I can’t (and wouldn’t, if I could) police anyone else’s behavior. If O-care startes allowing (read: requiring) docs to ask about gun ownership, my patients will know that they do not have to answer that question. I wouldn’t. Trying to make gun ownership a public health issue is simply a different way to push a gun control agenda.

    Reply
  14. I am not always flying the NRA flag all day neither. Sure they have their faults,,,, who amoung us doesn’t?

    N.J. as well as other anti gun states are going to be a tough hurdle for ANY organization to scale. Is it possible that N.J. is only as far along gun-wise as it is BECAUSE of the presence of the NRA in surrounding states?

    I think poor Javier has a case of the “poor me”. People see EXACTLY what they look for.

    Reply
  15. Again, the solution here is ridiculously simple. If they can’t have their all-NRA member requirement, then they should raise their fees from the paltry $55 a year they are charging, now to $150, with a $100 initiation fee.

    If people are so cheap they are unwilling to pony up to pay for the use of the facility, then maybe it should just shut down.

    The problem with this gun club is that it has been living off government largess for way, way too long.

    Reply
  16. I realize this argument has been made before, but here it goes. if guns are a national epidemic and health concern, what does that make cars?

    I’m held to the utmost standards of responsible firearm ownership and operation, yet while walking to work I am almost hit daily by oblivious, spaced out, texting drivers while crossing the street, and I see a collision at least once a month just from where I sit at work.

    Reply
  17. Hi Everyone,

    Does anyone have a Hawaii status update? I’ve been here 25 years, and have always wanted to carry.

    Best,

    Tim

    Reply

Leave a Comment