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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