2nd Amendment Coalition wins one in Hawaii

4 August the Hawaii Firearms Coalition announced;

“Today we saw movement in the Yukutake, v. Connors with the United States District of Hawaii. Chief Judge J. Michael Seabright has indicated that he will find in the Plaintiff’s favor on both matters before the court. The matters before the course are; the expiration of a pistol permit after only ten days and the requirement that a person brings a firearm to the police station to register it is unconstitutional. Until the judge releases his written order, we won’t know what effect this will have on the law and will keep you updated on such information.”

BACKGROUND: 2019 Attorneys  Alexander Beck and Steven Stamboulieh announced that they had filed this complaint “on behalf of Hawaii Firearms Coalition member Todd Yukutake and David Kikukawa which challenges the State of Hawaii’s and the City and County of Honolulu’s requirement that individuals bring their guns to the station in order to register, physically retrieve their permits at the station, the fact handgun permits expire after 10 days from receiving them and the times HPD is open to apply for a permit to acquire.”

This week, the judge said that he would enter summary judgement for the Plaintiffs as the requirements for the permit were far too cumbersome.

In 2019, the Hawaii Senate bill No 1321 was explained by the Chief of Police Susan Ballard: Gun owners should be free of penalties to register firearms after the five day registration period while holding the power of the firearm responsible to register it later. The Hawaii firearms coalition supported bill No 1321 while stating:

The gist of the case is:

The Hawaii Firearms Coalition finds that Hawaii’s HRS 134-3 (relating to firearms registration) is harmful to firearm owners and unnecessary and therefore should be repealed. However we support SB1321 because it’s even worse to make criminals out of good people that want to do the right thing by registering their firearms even if late. The Coalition however filed a complaint to have the HRS 134-3  requirements repealed:

Hawaii’s firearms permitting and registration process is overly complex with short deadlines, such as the requirement in HRS 134-3 to register a firearm within 5 days of acquisition or entering the state else receive a petty misdemeanor. Law abiding citizens sometimes cannot meet these deadlines due to reasons such as:

1. Life problems – Busy work schedules, family emergencies, etc.
2. Military training and unexpected work projects
3. Not knowing registration is required (registration is not required in most states)
4. Inheriting a firearm and finding it years later

Another example is that the 5 day registration requirement doesn’t exclude weekends and holidays. If a person acquires their firearm on Friday night (day 1), holds it for the weekend (day 2,3), and Monday is a holiday (day 4) then they have only 1 day to register it since firearms registration is closed on nights, weekends, holidays, and is only available in one location. A very tough requirement to meet for a person working two jobs due to Hawaii’s high cost of living. Hawaii’s firearm permitting and registration is an overburdened process to the average working person so it’s understandable why people may register firearms late.

There have been many reports of people with unregistered firearms, inherited or brought in from the mainland, that are past the five day deadline and they don’t know what to do. They feel like criminals and are afraid they’ll be arrested if the firearms are registered late. A good law abiding citizen shouldn’t have to feel that way……Todd Yukutake

But the fight for the 2nd Amendment is far from over. Yesterday the Coalition announced;

Honolulu Police Department Faces yet Another Lawsuit for Denying the Right to Bear Arms.  

Today attorneys Alan Beck and Kevin O’Grady filed a lawsuit in the United States District Court for the District of Hawaii on behalf of two Hawaii residents who HPD have wrongly denied the right to bear arms.  

The lawsuit alleges that the two plaintiffs in the case are being denied the right to bear arms after conviction of a violation under Hawaii’s disorderly conduct law.  

Under HRS 134-7, a person can be denied the right to bear arms if they are found guilty of a crime of violence. Hawaii law (HRS §701-107)recognizes crimes under three grades; felonies, misdemeanors, and petty misdemeanors. but also explains that “A violation does not constitute a crime, and conviction of a violation shall not give rise to any civil disability based on conviction of a criminal offense.” 

A recent change in HPD policy has lead to both plaintiffs being wrongly denied the right to bear arms. As violation does not meet the definition of a crime of violence, and neither man should be considered a prohibited person.  

Both plaintiffs, however, were sent letters from the department denying them the ability to obtain a permit or register firearms and ordering them to surrender any they may have in their possession.  

Hawaii Firearms Coalition has every confidence that this lawsuit will prevail in court and both plaintiffs will be swiftly vindicated.