RIGHT TO ARM AMERICANS!

AP_16336592453163_c0-73-3072-1864_s885x516
The panel reversed the district court’s dismissal of
claims brought against the County of Hawaii, dismissed
plaintiff’s appeal as to the State of Hawaii, and remanded, in
plaintiff’s 42 U.S.C. § 1983 action alleging that the denial of
his application for a handgun license violated his Second
Amendment right to carry a loaded firearm in public for selfdefense.
The County of Hawaii’s Chief of Police denied
plaintiff’s application to carry a handgun because he failed
to satisfy Hawaii’s licensing requirements, as set forth in
section 134-9 of the Hawaii Revised Statutes. Section 134-9
acts as a limited exception to the State of Hawaii’s “Place[s]
to Keep” statutes, which generally require that gun owners
keep their firearms at their “place of business, residence, or
sojourn.” H.R.S. §§ 134-23, 134-24, 134-25. The exception
allows citizens to obtain a license to carry a loaded handgun
in public, either concealed or openly, under certain
circumstances. Plaintiff alleged that the County violated the
Second Amendment by enforcing against him the State’s
limitations in section 134-9 on the open carry of firearms to
those “engaged in the protection of life and property” and on
the concealed carry of firearms to those who can
demonstrate an “exceptional case.”

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