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It’s always been difficult for an ordinary citizen in Hawaii to get permission to carry a loaded handgun in public. But depending on how they are decided, Second Amendment lawsuits from Hawaii and New York could force states to make it easier to carry.
Hawaii law gives each county’s police chief broad discretion to grant — or deny — a permit to carry, based on whether the need is urgent or based on exceptional circumstances.
In practice, it appears that unless the gun is required for work, most requests are denied.
Two federal lawsuits from Hawaii claim the state’s law is unconstitutional. One was filed last week; the other, Young v. Hawaii, resulted in a three-judge panel of the 9th U.S. Circuit Court of Appeals finding that the state violated George Young’s rights when Hawaii County denied him a permit to carry a loaded handgun openly in public.
The case is on hold, pending a decision by the U.S. Supreme Court in a similar case from New York, which some legal experts say could shred many state and local restrictions on carrying guns.
In light of all this, it makes sense for the Honolulu Police Commission to seek clarity on HPD’s policy for issuing permits, as well as the number of those issued or denied. In a four-page memo, commissioners Steven Levinson and Loretta Sheehan said they were seeking from HPD Chief Susan Ballard “written, formal, constitutionally defensible rules and regulations” for processing handgun carry laws.
Publicly promulgating a set of rules in this sensitive area is a good idea — and following a definitive court ruling, a necessity.