Many gun owners are unaware that Hawaii has some of the most restrictive gun control laws in the nation. Now, however, thanks to a recent circuit court decision, two of those restrictions have been overturned.
On March 14, a three-judge panel of the 9th Circuit Court of Appeals in the case Yukutake v. Lopez upheld a district court ruling striking down two of the provisions to the Aloha State’s gun laws. One involved the very short time (10 days) a firearms purchaser has to buy a gun after receiving the permit required to make a firearms purchase.
“The panel affirmed the district court’s judgment that the short timeframe for completing the purchase of a firearm after obtaining a permit was unconstitutional under the Second Amendment,” the ruling stated. “The purchase and acquisition of firearms is conduct protected by the plain text of the Second Amendment. Because § 134-2(e) regulates conduct covered by the Second Amendment’s plain text, the Second Amendment presumptively protects that conduct. The burden, therefore, fell on the State to justify its regulation by demonstrating that it is consistent with the Nation’s historical tradition of firearms regulation.”
As the opinion explained, 10 days is a very short period, despite the state arguing otherwise.
“Although the State presumably has a valid interest in ensuring that the background-check results are not stale, the State pointed to no evidence that anything over 10 days or 30 days counts as stale,” the ruling stated. “In Section IV(B)(4) of the opinion, the panel concluded that the temporal limitation was ‘abusive’ within the meaning of Bruen and remanded for the district court to revise its permanent injunction, as appropriate, in light of the recent amendment to § 134-2(e) and to conform to the panel’s ruling.”
The other struck-down provision that was upheld by the circuit court was the requirement for gun buyers to bring their new guns to the police station for an in-person inspection. According to the ruling, this restriction is also overly burdensome and, therefore, unconstitutional.
“Even assuming arguendo that Hawaii’s basic system of registering firearms by owner, type, serial number, etc., was valid under Bruen—a point the panel did not decide—Hawaii’s broad in-person inspection requirement could not be justified as merely a proper ancillary logistical measure in support of such a system,” the ruling stated. “The government failed to point to evidence supporting its conclusion that the addition of a broadly applicable and burdensome physical inspection requirement will materially advance the objectives of the registration system. As with plaintiffs’ challenge to § 134-2(e), the panel remanded to the district court to revise its permanent injunction, as appropriate, in light of the recent amendment to § 134-3 and to conform to the panel’s ruling.”
Lawful Hawaii gun owners shouldn’t begin celebrating too soon, however. It’s likely the state will ask for the entire 9th Circuit to consider the case sometime in the future.
Hawaii must be a suburb of California!
It is, all that water in between is just were they raise sharks.
The 9th Circuit, located in SanFran oversees 13 districts, located in 9 different states plus Guam and N. (?)Marianas, with 29(?) active judges making up the panel pool. The judges assignments are apparently drawn from a hat, so a ruling arrived at this session may be heard and overruled by a future panel of 7 to 10 different judges (no more than 3 original panelists can rehear a case), which means that our rights are decided by the equivalent of a back-alley craps game.
En banc panels are actually 11 judges, one of whom is the Chief Judge, With a democratic majority (still) the presiding judge is always a democrat, and has been, for years now, anti-gun. The Ninth en banc panels have an unblemished record of 20+ decisions overruling pro-gun 3 judge panel decisions. No one even needs to petition for rehearing ( though that will likely happen) since the Court has the power to grant en banc on its own motion.
BREAKING NEWS JUST NOW: ATF COLLAPSE COMING AS PER CNN REPORT.
CNN is reporting that Acting ATF Director Kash Patel has plans to shrink ATF. Mark Smith Four Boxes Diner discusses.
(note: FBI Director Kash Patel, who also serves as acting director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, has outlined plans to move as many as 1,000 ATF agents to the FBI, cutting ATF’s agents by more than a third. The ATF has about 2,600 agents and more than 5,000 employees, a number that has remained largely unchanged for years. ~2,600 – ~1,000 = 1,600 agents left at ATF. Patel is beginning with a move of ~500.)
https://www.youtube.com/watch?v=dcTgIPb7Miw
So moving fleas from one dog to the other gets rid of the fleas?
This isn’t as good as it sounds.
Moving them removes their involvement with ATF ‘law enforcement’ type stuff.
Also … Bondi now controls their budget, and can control what they do ‘in a legal sense’. So they can’t just expend funds now for enforcement unless Bondi Ok’s it. This is the way it was suppose to be, the ATF was never suppose to have a funded budget they controlled and we saw the abuse of that funds control and the legal sense ability by the ATF during the Biden tyranny. In other words, Trump is putting back the safeguards on ATF that were always suppose to be there to reign in that unchecked power of a rouge agency. Trump is moving it back towards primarily being a regulatory agency instead of primarily a law enforcement agency.
Spreading ATF agents across the FBI will water down the toxic culture of the ATF. Unfortunately it will also have the effect of spreading some of the bad ATF agents’ virus into the FBI, but we can hope the FBI’s larger size will have the resilience to resist it.
2 things,
1 elevated standards will attrit many that are only anything because of much lower ATF standards
2 do you really think we are done cutting deadwood in the FBI?
ATF’s unofficial mission statement is gun owners bad. Limit, and hopefully, dissolve the ATF. It’s an unnecessary organization. This is a positive development.
I’m willing to settle for scaphism as ATF’s employee retirement plan.
https://en.wikipedia.org/wiki/Scaphism
I got a strange urge to listen to an Alice Cooper song.
10 days is not enough time but the whole permit to purchase scam is ok? Wasn’t the foid card in Illinois found to be unconstitutional but it still exists?
To be a judge do you have to swear that you will never make a ruling putting an end to things like this? So as to create work for future generations of lawyers
Freedom in America means money, lawyers, and judges.
‘Liberty or Death’: Patrick Henry’s Immortal Words Turn 250.
“…
Gentlemen may cry, Peace, Peace– but there is no peace. The war is actually begun! The next gale that sweeps from the north will bring to our ears the clash of resounding arms! Our brethren are already in the field! Why stand we here idle? What is it that gentlemen wish? What would they have? Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take; but as for me, give me liberty or give me death!
— Patrick Henry, 23 March 1775 at Second Virginia Convention during the run up to the American Revolutionary War.
…”
https://pjmedia.com/catherinesalgado/2025/03/23/liberty-or-death-patrick-henrys-immortal-words-turn-250-n4938193
Air Force Wrestler ‘Captain America’ Salutes Trump After Upset Victory.
“The liberal media can whine all they want about “controversial appearances,” but President Trump’s presence at the NCAA wrestling championships in Philadelphia this weekend led to one of the most electric moments in college sports history. And boy, did they get a show they’ll never forget.
…
Second Lieutenant Wyatt Hendrickson, aptly nicknamed ‘Captain America,’ pulled off what’s being called the biggest upset in NCAA wrestling history, defeating Minnesota’s heavily favored Gable Steveson in a match that had every American patriot on their feet. Steveson, a two-time national champion and Olympic gold medalist, was supposed to be unbeatable.
…”
https://pjmedia.com/matt-margolis/2025/03/23/air-force-wrestler-captain-america-salutes-trump-after-upset-victory-n4938201
Republicans Move to Shut Down Chinese Police Stations Operating In the U.S.
https://townhall.com/tipsheet/saraharnold/2025/03/23/chinese-police-stations-in-the-us-n2654288
Police In New Jersey Wear Palestinian Flags on Uniform.
“Are liberals the ‘enemy within?’
Certainly not, if you are talking about the average Democrat who thinks they are paying attention to politics but who lives in the bubble created by the Pravda Media. They are told that their fellow citizens are seething, violent white supremacists and for some reason, believe what they read and hear instead of the evidence before their eyes.
But if you are talking about the vanguard of the left, there is no group more dedicated to destroying our Republic than the 20-30% of Democrats who are the ideological center of gravity of the party. They hate America, are open about that hate, and are working assiduously to replace our system of government and mainstream values with a modern version of communism.
These are the Luigi Mangione fans, the people who go crazy when alphabet ideology is challenged, and who applaud the 2020 riots, the Tesla terrorism, and who talked seriously and openly about putting COVID skeptics in camps and their children in foster care. They embrace “decolonization,” love Hamas, and encourage their acolytes to embrace violence.
They hate America and say so. And now even the people who represent the organs of government are wearing the flags of other countries and their movements, such as in Paterson, New Jersey.
…”
https://hotair.com/david-strom/2025/03/23/police-in-new-jersey-wear-palestinian-flags-on-uniform-instead-of-us-flag-n3801058
People tend to forget about Hawaii, but they’ve been as bad as, or worse than, California.
It’s a state with two major claims to fame, being attacked by the Japanese and having a disturbing devotion to SPAM.
I don’t see why we’d have high expectations.
Definitely worse.
The Secret Gun Law That Made Machine Guns for the Rich Only.
https://www.youtube.com/watch?v=fZsgRLGuLNE
Surfs up.
Will the politicians comply? Remember last time they ignored the ruling they didn’t like cited the “Aloha spirit” believing that supersedes the constitution. SOBs! Evidently conservatives are the only ones that have to abide by court orders.
Well now that were all friends with the Japanese couldn’t we just give them Hawaii with out a big fight?
Sounds like Hawaii doesn’t want to be a part of America anyway.