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 ...
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
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...
Some?
I thought they've already become mini-dictators?
If part of a Law is unconstitutional, the WHOLE law is unconstitutional.
-Some old guy or something
Cite a source for your assertion that:
“If part of a Law is unconstitutional, the WHOLE law is unconstitutional”.
You’re wrong.
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.
Yes, some.
No guns for prisoners.
No guns in courtrooms, if the judge says so.
Fully agree!
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