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Federal Court Decision: Parts of Hawaii Gun Registration Law are Unconstitutional
AmmoLand ^ | 30 August, 2021 | Dean Weingarten

Posted on 09/01/2021 3:46:18 AM PDT by marktwain

On 16 August 2021, in the United States District Court for the District of Hawaii, Judge J. Michael Seabright granted a motion for summary judgment for the plaintiffs. The two disputed parts of the State of Hawaii’s registration law are unconstitutional in violation of the Second Amendment.  From the decision:

HRS § 134-2(e)’s requirement that “[p]ermits issued to acquire any pistol or revolver shall be void unless used within ten days after the date of issue” is declared unconstitutional in violation of the Second Amendment. Defendant’s officers, agents, servants, employees, and all persons in active concert or participation with Defendant are permanently enjoined from enforcing HRS § 134-2(e)’s 10-day permit use requirement for handguns. To be clear, no other language in HRS § 134-2(e) is found unconstitutional.

HRS § 134-3(c)’s requirement that, with the exception of certain licensed dealers, “[a]ll other firearms and firearm receivers registered under [HRS § 134] shall be physically inspected by the respective county chief of police or the ch ief’s representative at the time of registration” is unconstitutional in violation of the Second Amendment. Defendant’s officers, agents, servants, employees, and all persons in active concert or participation with Defendant are permanently enjoined from enforcing HRS § 134-3(c)’s in-person firearm inspection and registration requirement. To be clear, no other language in HRS § 134-3(c) is found unconstitutional.

The order of summary judgment will not take effect until 15 September 2021. It is possible an injunction against the judgment will be issued by the Ninth Circuit before then.

To those who say the judge should have struck down the entire law as unconstitutional, the entire law was not challenged. A judge should not issue rulings about things that are not at issue in the case at hand. To do so is to make judges into mini-dictators.

(Excerpt) Read more at ammoland.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: Hawaii
KEYWORDS: 98to0; banglist; dhawaii; dubyajudge; gunregistration; hawaii; jmichaelseabright; johnseabright; michaelseabright; seabright; secondamendment
A federal judge holding the Second Amendment moves some policies "off the table". Refreshing.
1 posted on 09/01/2021 3:46:18 AM PDT by marktwain
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To: marktwain

When the psychology of leaving 1st world armament with an 11th world nation of Satanic animals truly sets in, the entire gun control movement will not only die, but some reversals should follow .... especially the GCA1968


2 posted on 09/01/2021 3:52:36 AM PDT by knarf (qa)
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To: marktwain
I don't need a permit to attend church or to start a political blog.I don't need a background check to do either of those things. I don't need to lock up the laptop I use for that political blog when I'm not home. I am,after all,a "natural born" US citizen living in one of the 50 US states.

So why do I need to have a background check...or a permit...to buy a firearm? Why do I need to lock up my firearm when I'm not home,lest I be charged with a *state* felony? Why are there certain small firearms (handguns) which are readily available in this country which residents of *my* state aren't allowed to own...for "safety" reasons?

"Shall not be infringed" means exactly the same thing in *all* 50 states,DC,Puerto Rico,Guam,the Marshall Islands...

3 posted on 09/01/2021 4:24:02 AM PDT by Gay State Conservative (Covid Is All About Mail In Balloting)
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To: marktwain

Some?


4 posted on 09/01/2021 4:33:16 AM PDT by wastedyears (The left would kill every single one of us and our families if they knew they could get away with it)
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To: marktwain
To do so is to make judges into mini-dictators.

I thought they've already become mini-dictators?

5 posted on 09/01/2021 4:57:30 AM PDT by Road Warrior ‘04 (BOYCOTT The NFL, MLB, NBA, NASCAR & Faux Snooze! Molon Labe! Oathkeeper! )
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To: marktwain

If part of a Law is unconstitutional, the WHOLE law is unconstitutional.
-Some old guy or something


6 posted on 09/01/2021 5:44:06 AM PDT by themidnightskulker (And then the thread dies... peacefully, in it's sleep....)
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To: themidnightskulker

Cite a source for your assertion that:

“If part of a Law is unconstitutional, the WHOLE law is unconstitutional”.

You’re wrong.


7 posted on 09/01/2021 8:34:14 AM PDT by Az Joe (FREE CHAUVIN!)
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To: Road Warrior ‘04
To do so is to make judges into mini-dictators.

I thought they've already become mini-dictators?

If we are to move away from that, we need to encourage those who refuse to do it.

8 posted on 09/01/2021 9:50:07 AM PDT by marktwain (President Trump and his supporters are the Resistance. His opponents are the Reactionaries. )
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To: wastedyears
Some?

Yes, some.

No guns for prisoners.

No guns in courtrooms, if the judge says so.

9 posted on 09/01/2021 9:51:31 AM PDT by marktwain (President Trump and his supporters are the Resistance. His opponents are the Reactionaries. )
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To: marktwain

Fully agree!


10 posted on 09/01/2021 10:54:28 AM PDT by Road Warrior ‘04 (BOYCOTT The NFL, MLB, NBA, NASCAR & Faux Snooze! Molon Labe! Oathkeeper! )
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