George Young Jr., a Chinese-Hawaiian Vietnam veteran from Hilo, wasn’t surprised after winning a lawsuit for the right to openly carry a gun for protection, a victory that could have significant implications for the Aloha State.
The three-judge panel from 9th Circuit Court of Appeals on Tuesday ruled 2-1 that Young’s rights were violated when he was denied a permit to carry a gun in public for self-defense, reversing a lower court ruling in favor of the state’s stance that the constitutional right applied only to guns kept in homes.
“It’s about time. I knew that concealed carry was optional for the state but public open carry was a constitutional right,” said Young, 68, who first filed a Circuit Court complaint in 2012 and subsequently two others, all of which were thrown out. “I just pursued it because inside (myself) the law tells me that I am right.”
Young, an infantryman for 21 years, carried firearms not only in the Army, but as a law enforcement officer at Hilo International Airport and when working for the Secret Service between those jobs, he said.
But he didn’t feel it was right that he couldn’t protect himself while off duty.
“The world’s getting crazier. They’re making it legal to smoke marijuana, and they’re letting in a lot of illegal immigrants,” he said. “It was just a matter of having it available if and when I need it, in the car or someplace where it’s convenient for self-defense. That don’t mean I’m going to carry it every day. I handle myself all right without a gun.”
However, Young added that he has felt more vulnerable after suffering a stroke in recent years.
“Now I need a gun to help me,” he said.
He initially filed the lawsuits without a lawyer, but said he needed an attorney’s help once it moved to the appeals court. California attorney Alan Beck, who was fresh out of college, was willing to take on the case for free, he said.
Young doesn’t think the court ruling will lead to a change in Hawaii’s status as a state with strong gun laws and a low gun death rate.
“Right now with the way things are going, they got people with guns roaming around like at the Volcano the guy who shoots that neighbor,” he said, referring to Pahoa resident John Hubbard, who was arrested after allegedly shooting at a Leilani Estates resident in Lower Puna. Hubbard was charged in May for reckless endangering, terroristic threatening and owning a prohibited firearm and failing to obtain a gun permit.
“It happens every day on the mainland,” Young said. “They say guys with guns have to surrender their guns. Why? Because of one nut.”
When asked whether a change to the state’s gun laws will make Hawaii a safer place, Young responded, “That’s all up to the individuals. If the police are doing their jobs, they’ll give permits to those who are responsible.”
Besides, there’s a two-week waiting period after applying for a gun permit, he said.
“A cooling-off period so you don’t just grab a gun and go off and shoot somebody.”
The Associated Press contributed to this report.
