shanneba
Professional
Hawaii has long been open about its hostility to Second Amendment rights, joining New York, Illinois, and other states that have proven to be fonts of litigation before the courts. Ironically, these states have proven a bonanza for gun rights advocates in triggering a series of massive losses before the Supreme Court and the expansion of protections under the Second Amendment.
On the heels of a major loss before the Court in Wolford v. Lopez over its “Vampire Law,” the state (and the Ninth Circuit) are back again with a new controversy over the permissible limitations or regulations that can be placed on gun ownership.
The laws include a requirement that handgun owners “register and submit to physical inspection the firearm” as well as a requirement that buyers have 30 days to purchase a specified handgun after obtaining a state-issued permit.
In Yukutake v. Lopez, it is the inspection requirement that most stands out for me. Unable to ban guns, Hawaii and other blue states have histories of harassing or impeding these rights. The requirement of an inspection appears gratuitous and ahistorical under controlling precedent.
We already have a major Second Amendment term in the making before the Court with the review of bans on semiautomatic weapons out of the Seventh Circuit in Chicago (Viramontes v. Cook County) and the Second Circuit in New York (Grant v. Higgins). I also wrote previously about the review of an important case from the Second Circuit on stun guns in Calce v. New York.
The addition of Yukutake would make this term the most consequential Second Amendment term since the Heller decision finding that the Second Amendment created an individual right to gun ownership
jonathanturley.org
On the heels of a major loss before the Court in Wolford v. Lopez over its “Vampire Law,” the state (and the Ninth Circuit) are back again with a new controversy over the permissible limitations or regulations that can be placed on gun ownership.
The laws include a requirement that handgun owners “register and submit to physical inspection the firearm” as well as a requirement that buyers have 30 days to purchase a specified handgun after obtaining a state-issued permit.
In Yukutake v. Lopez, it is the inspection requirement that most stands out for me. Unable to ban guns, Hawaii and other blue states have histories of harassing or impeding these rights. The requirement of an inspection appears gratuitous and ahistorical under controlling precedent.
We already have a major Second Amendment term in the making before the Court with the review of bans on semiautomatic weapons out of the Seventh Circuit in Chicago (Viramontes v. Cook County) and the Second Circuit in New York (Grant v. Higgins). I also wrote previously about the review of an important case from the Second Circuit on stun guns in Calce v. New York.
The addition of Yukutake would make this term the most consequential Second Amendment term since the Heller decision finding that the Second Amendment created an individual right to gun ownership
You Had Me at Mahalo: Ninth Circuit Upholds Latest Gun Restrictions Out of Hawaii
Hawaii has long been open about its hostility to Second Amendment rights, joining New York, Illinois, and other states that have proven to be fonts of litigation before the courts. Ironically, thes…
jonathanturley.org
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