State lawmakers are warning that a federal appeals court decision striking down state restrictions on who can carry a firearm in public could make Hawaii a more dangerous place to live.
Senate Judiciary Committee Vice Chairman Karl Rhoads, who has introduced a number of bills in the House and Senate over the years to make Hawaii gun control laws more strict, said allowing people to openly carry loaded firearms in public is “a terrible idea.”
Hawaii has the fourth-
lowest level of gun violence in the nation, and none of the three states with lower levels of gun violence than Hawaii has an “open carry” law, he said.
“It turns us into the Wild West — whoever shoots first is the one who wins,” said Rhoads (D, Downtown-
Nuuanu-Liliha). “It just turns us into Dodge City and the quick or the dead, and that’s it.”
Rhoads said an open carry law will not make even those who carry guns safer.
He argued that “if you’re the good guy, you’re not going to pull it first and shoot somebody. It’s the bad guy who’s going to pull it first and shoot somebody. In all likelihood, if you’re carrying a gun and they can see it … they’re going to shoot the guy with the gun first because they’re more afraid of you.”
A three-member panel at the 9th Circuit Court of Appeals ruled 2-1 Tuesday that the U.S. Constitution’s Second Amendment right to “keep and bear arms” creates a core right for citizens to carry firearms for self-defense outside of their homes or businesses.
The court therefore struck down a Hawaii law that limited open carry privileges to people “engaged in the protection of life and property,” declaring the law to be unconstitutional. The court also prohibited Hawaii County from enforcing the law.
The court acknowledged the right to carry a gun in public is subject to some regulation, such as prohibiting firearms in schools or government buildings.
However, a lawyer for Hawaii County admitted that to his knowledge no one other than security guards “or someone similarly employed” had ever been issued an open carry license by the chief of police on
Hawaii island, according to the decision.
That level of restriction restricts the “right” to open carry to a select few, and therefore forecloses law-abiding citizens from exercising a core constitutional right, according to the decision.
Rhoads said that if Hawaii County appeals the decision to a larger panel of judges with the 9th Circuit Court of Appeals, and if that decision is then appealed to the U.S. Supreme Court, it could take two years before the state is actually required to loosen its restrictions on carrying firearms in public.
U.S. Rep. Colleen Hanabusa said Hawaii County should immediately file a petition requesting a rehearing from 11 other 9th Circuit justices. She said Tuesday’s decision comes about two years after the entire 9th Circuit ruled that there is no right to carry concealed guns in public.
“This is not a second amendment issue. It’s a states’ rights issue. We shouldn’t fool ourselves,” Hanabusa said in a written statement. “This issue will end up before the U.S. Supreme Court and the state of Hawaii will have to join and argue on behalf of states’ rights. We know how best to regulate firearms to keep our communities safe and respect the rights of law abiding gun owners.”
Gov. David Ige said the state will urge Hawaii County to appeal, and will file a brief supporting that appeal.
“I oppose any decision to loosen gun controls in Hawaii, especially ‘open carry’ laws,” Ige said in a written statement. “The recent death of Officer Bronson Kaliloa on the Big Island should stand as a warning against those who advocate for limiting or eliminating gun controls.”
Kaliloa was shot and killed July 17 as he approached a stopped vehicle on Hawaii island. His alleged killer, Justin Waiki, was killed by police in a shootout Friday that injured another officer.
“Hawaii’s safety and peace cannot be jeopardized because of decisions made far away from our shores by those who have political agendas such as the president,” Ige said in his statement.
Senate Judiciary Chairman Brian Taniguchi said he believes state restrictions on open carry help reduce firearm violence.
“Generally, just from a common sense kind of standpoint, you would think that it would open up more potential for violence with open carry,” said Taniguchi (D, Makiki-Tantalus-Manoa). “I think there is the question that with concealed weapons or open carry, that it raises the level or potential for violence.”
