Hawaii has among the strictest gun laws in the nation — and given that the islands consistently rank among states with the lowest levels of gun violence, it seems clear that our higher hurdle to accessibility contributes to fewer chances for gun-related mishap or violence.
In a welcome move that keeps in place one of Hawaii’s common-sense regulations, a panel of federal appellate court judges ruled last week that our tight rein on openly carrying firearms in public settings is lawful.
Under state law, county police chiefs are granted discretion in issuing — or denying — open-carry permits, based on whether the need rises to the level of an “exceptional” case, such as that involving people “engaged in protection of life and property.” In practice, it appears that unless a gun is required for work, such as for security guard duties, most requests are denied.
A lawsuit, Young v. Hawaii, aims to loosen Hawaii’s practice. George Young Jr., a former law enforcement officer at Hilo International Airport, wants to carry a gun for self-defense and says that not being able to do so violates his constitutional rights.
After his 2012 suit was dismissed — a judge maintained that the Second Amendment only guarantees the right to keep a firearm for self-defense within one’s home — Young’s case went before three federal appeals court judges who sided with him, rightly prompting Hawaii officials to ask for a fuller panel. That panel — 11 judges on the 9th U.S. Circuit Court of Appeals — ruled on Wednesday that the Second Amendment “does not guarantee an unfettered, general right to openly carry arms in public for individual self-defense.”
Young’s lawyer said he intends to ask the U.S. Supreme Court to weigh constitutional scope. A concern for states with exacting open-carry limits — like Hawaii, and those with outright bans — is that should the Second Amendment be loosened, state law cannot be more restrictive. Such an outcome holds the potential to make Hawaii a less safe place to live. Should the high court pick up the case, the state must continue to vigorously oppose its aim.
In 2008, the U.S. Supreme Court ruled that the Second Amendment grants individuals the right to keep firearms in their homes — although not without limits. Prior to that, courts held that the matter pertained largely to state militias, not personal protection.
According to the latest Hawaii’s annual firearm registration report, slightly more than 26,100 applications for permits were processed in 2020 — about 62% more than the count for 2019.
The increase is attributed to several elements, such as an election year shift in political leadership and civil unrest on the mainland, ignited by police brutality against the Black community. What’s more, early COVID-19 restrictions touched off some bunker mentality, such as cases of hoarding. And in recent months, Honolulu police have responded to a rash of home invasions.
While civility largely prevails here, areas on the U.S. mainland are grappling with the tragic aftermath of two mass shootings in the span of a week. With gun control advocates making compelling arguments to step up federal legislation, it’s encouraging that plans were reportedly in the works on Friday on a set of executive actions for President Joe Biden’s review, including one to strengthen the background checks system.
There’s no question that easy access to guns can escalate minor conflict into senseless deadly altercation. Also, it’s important to keep in mind that in addition to homicides, gun violence includes accidents and suicides. In recent years, more than half of firearm deaths across the country have been suicides. Rigorous background checks as well as a nationwide ban on military-
style assault weapons and high-capacity magazines are needed to better serve public safety.
