Hawaii Now a Shall-Issue StatePosted: March 21, 2014
Gun owners (or law nerds) will be familiar with the distinction between “may issue” and “shall issue”. It’s an important distinction (worthy of a post dedicated to that topic) that’s essential to understanding concealed carry laws, fortunately, it’s outlined here. Is your state a “shall issue” state? If not, it should be.
Hawaii, a state that has long been disgraced by some of the strictest gun-control laws in the country, now has “shall-issue” concealed-carry — for now, at least. Per Guns.com:
In a decision released Thursday by the U.S. 9th Circuit Court of Appeals, in the case of Baker v. Kealoha, the court followed the lead of the recent Peruta case to declare Hawaii’s restrictions on firearms carry unconstitutional under the Second Amendment.
The case was heard by the same trio of judges who sat on the earlier Peruta and Richards cases in California, which challenged the state’s restrictive ‘may issue’ policies that required concealed carry permit applicants to show “good cause” to warrant a permit. The judges, Diarmuid O’Scannlain, Sidney Thomas and Consuelo Callahan, heard Baker in December 2013 and issued their findings Thursday…
“In Peruta, we concluded that the Second Amendment provides a responsible, law-abiding citizen with the right to carry an operable handgun outside the home for the purpose of self-defense,” wrote O’Scannlain for the two-judge majority decision in a memorandum.
“In light of our holding in Peruta, the district court made an error of law when it concluded that the Hawaii statutes did not implicate protected Second Amendment activity.”
If you’re wondering how big a deal this is for Hawaiians, note how infrequently permits were granted:
Hawaii has some of the strictest concealed carry laws in the country. In 2012, just four private citizens applied for a concealed carry license in the city and county of Honolulu, while one applied in Maui County, and all five were denied at the discretion of the respective county police chief….Read the rest at the Corner….