Hawaii’s Gun Restrictions Deemed Unconstitutional
Law abiding citizens should be able to have their guns anywhere.
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On the heels of two Ninth Circuit Court decisions striking down restrictions on concealed carry permits in California, the same court just put Hawaii on notice that some of its gun restrictions need to be changed as well.
Early in February, the Ninth Circuit Court of Appeals held that San Diego County’s rule requiring residents to show “good cause” before being allowed to obtain a concealed carry permit violates the Second Amendment.
“The court ruled that the right to keep and bear arms is, in and of itself, a sufficient cause for bearing arms for self-defense. Moreover, it is a sufficient cause both inside and outside of one’s domicile,” Breitbart reported on February 13.
Forcing citizens to prove to the government why they should be allowed to gain a carry permit is a process called “may issue.” With a may issue rule, government puts the onus on citizens to prove that they should be allowed to observe their Second Amendment rights. The Ninth Circuit essentially informed the California county that it must institute a “shall issue” rule, one that assumes the citizen is eligible for a permit unless government can prove otherwise.