The U.S. Supreme Court on Thursday overturned
Hawaii’s law restricting who can have a permit to carry a handgun in public, in a move that was expected following its ruling last week against New York’s concealed-
carry law.
In a brief posting on its website, the high court said it granted the petition in George K. Young Jr. v. Hawaii and sent the case back to the 9th Circuit Court of Appeals for further consideration in light of the New York ruling.
What that means is that Hawaii’s police chiefs will no longer have the discretion to deny a permit to carry a handgun from law-abiding citizens who satisfy certain basic requirements.
“I’m very happy,” said Alan Beck, Young’s attorney. “I’m happy for myself and for George Young. It’s been an extremely long and difficult process — but a worthwhile one.”
Young, a retired Hawaii
island policeman who lives in Hilo, sued the state and Hawaii Police Department
in 2012 after then-Hawaii
Police Chief Harry Kubojiri twice rejected his application for a license to carry a firearm.
The winding case ended up at the Supreme Court in 2021 after Young appealed a decision that went against him in the 9th Circuit. With arguments similar to the New York case, Young v.
Hawaii was held up by the court pending a decision in that case.
In Hawaii the law currently prohibits carrying a firearm in public except to transport it to and from places where it can be
purchased and used legally, such as from a gun shop to your home or to the police department for registration. The firearm must be unloaded and in an enclosed container.
The chief of police of each county is responsible for handling firearm registrations and issuing firearm licenses. The law allows for the chief, in only exceptional cases, to grant a license to carry a loaded pistol to an applicant who shows reason to fear injury to himself or his property.
But while thousands of Hawaii residents would like to carry a handgun in public, Beck said, the reality is Hawaii has essentially banned the practice, because there have been only four permits issued
in the state over the past 22 years.
When the New York decision was announced last week, many gun owners appeared eager to get their carry permits. A number of them lined up at the police station in Honolulu the day of the ruling.
However, getting a permit under new rules might take some time.
With the Young case remanded to the 9th Circuit,
a new decision may not be available for at least a couple of months.
Asked about the status
of concealed-carry permits Thursday morning on KHVH radio, Honolulu Police Chief Arthur “Joe” Logan said his office is waiting on county and state attorneys to advise regarding the next steps.
Logan said the state Legislature also may have to enact a new law in order to appropriately comply with the ruling.
Additionally, his officers will likely need to undergo training, he said.
“Now you have more than just you with a firearm when you’re going to a scene — and what does that mean? If you have two people pointing guns at each other, who started what? You don’t know that as an officer,” he said.
Logan said the department may have to lean on the experience of law enforcement on the mainland in order to get up to speed. “Other states have been doing this for decades, and they have more experience,” he said.
Gun safety advocates have condemned the Supreme Court’s decision, saying that putting more guns on the streets will make Hawaii a more dangerous place.
Some Hawaii lawmakers have vowed to find ways
to restrict the carrying of handguns while staying within the bounds of the high court’s decision. Some of those ideas include additional screening, training requirements and ways to keep guns out of public spaces.
Beck said Hawaii law will continue to keep guns out of the hands of those who have committed serious crimes, who are severely mentally ill or who have a drug problem.
“People will be surprised by how little will change for the average person,” he said.
Some Hawaii politicians warned of a rash of violence following the legalization of Taser stun guns in January. But that, Beck said, never materialized.
“It’s going to be the same thing with carrying firearms,” he said. “You will not see the same issues that are being used to scare
people.”
