HONOLULU POLICE CHIEF AND STATE OF HAWAII SUED FOR SECOND AMENDMENT VIOLATIONS
NEWS RELEASE
Hawaii Defense Foundation
P.O. Box #1798,
Aiea, Hawaii 96817
(808) 664-1827
Fax: 808-748-3376
HONOLULU POLICE CHIEF AND STATE OF HAWAII
SUED FOR SECOND AMENDMENT VIOLATIONS
For Immediate Release: 8/23/2011
Honolulu, HI – The Hawaii Defense Foundation’s founding director and president, Christopher Baker, has filed a lawsuit against Honolulu Chief of Police Louis Kealoha, the Honolulu Police Department, the City and County of Honolulu, the State of Hawaii, and Governor Neil Abercrombie in connection with civil rights violations of the Second and Fourteenth Amendments of the United States Constitution.
The complaint filed in the United States District Court for the District of Hawaii by attorneys Richard Holcomb, Alan Beck, and Kevin O’Grady alleges that Hawaii’s license to carry statute and various other firearm regulations are unconstitutional. State law mandates that citizens may be provided licenses to carry only in “exceptional circumstance” or “where a need or urgency has been sufficiently indicated,” all at the discretion of the county’s Chief of Police. The complaint asserts that this language violates the Second Amendment, which secures the right of all responsible, law-abiding citizens to bear arms for the purpose of self-defense. Additionally, the complaint also addresses the use of non-lethal tools for self-defense such as electric guns, which are banned in in Hawaii.
“The Second Amendment protects the right to self-defense. Everyday around the islands good people are robbed, assaulted, raped, or in the worst cases murdered. It’s simply a matter of physics, the Police can’t be everywhere to stop criminals from committing violent acts. We must be allowed to carry the tools that give us a chance to protect ourselves from harm,” says Chris Baker. “We want criminals to have to think about the consequences of attacking someone,” he continued, “but right now, nothing serves as a deterrent to them – the odds are in their favor.”
Hawaii Defense Foundation (www.TheHDF.org) is a domestic not-for-profit corporation based in Honolulu, Hawaii. The Foundation serves the community by providing various services, such as: legal defense of civil rights, educational courses on firearm safety, self-defense training, and life saving techniques – such as first aid and CPR. The Foundation has many supporters and members across the State of Hawaii.
If you would like to show your support or are looking for additional information please contact the Foundation’s Secretary, Erica Castillo, at (808) 664-1827 or info(at)hawaiidefensefoundation.org.
CV11-00513SOM-RLP
24 Responses to “HONOLULU POLICE CHIEF AND STATE OF HAWAII SUED FOR SECOND AMENDMENT VIOLATIONS”
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Donald A Davis says:YAY!!! YAY!!! YAY!!! OVERDUE!!! Every service member stationed there has to disarm and incur unnecessary risk due to these oppressive and unconstitutional laws. Get rid of the silly, useless gun registration while you’re at it, and save the taxpayers a couple million from funding that doomed-from-the-start program, too.
[...] civil liberties. Kinda glad to finally file this complaint spent a lot of time to get here. HONOLULU POLICE CHIEF AND STATE OF HAWAII SUED FOR SECOND AMENDMENT VIOLATIONS HONOLULU POLICE CHIEF AND STATE OF HAWAII SUED FOR SECOND AMENDMENT VIOLATIONS For Immediate [...]
Alan Rose says:I visited Hawaii as a child. I would love to go back but until they bring their carry laws into alignment with the U.S. Constitution and grant reciprocity to other states, me and my $$$ stay away. I only go where I can legally defend myself and my family.
Rob Morse says:Finally. My friends in Hawaii have been waiting for a long time.
AhSook says:Thank you, thank you, thank you.
Please file a similar lawsuit for the County of Hawaii as we need it too!
[...] filed in HawaiiThis is long overdue. Hawaii has some of the most restrictive laws of any State. Honolulu Police Chief and State of Hawaii sued for second amendment violationsOX.requestAd({"auid":"33534"});__________________Bruce, Life Member: NRA, NCRPA Naval Air Museum [...]
Bob Cummings says:
You think Hawaii’s gun laws are bad, you haven’t seen anything until you try to by a gun in Illinois. Firearm Owners ID card. Registration requirements. Background checks. And the list goes. To top it off we are the only state with no form of concelled carry what so ever.
Hey Bob,
I would actually say we are all pretty much the same. Just because a law exists, if no one has it, then well it really doesn’t. In that sense, neither of us have concealed carry. We also have to get permits prior to every purchase; every handgun is a 14 day wait period with a permit application (which requires handgun training). After getting approved to make your purchase, you have to register it. They do background checks and fingerprints prior to letting you get a handgun, and they have to check your mental health records at your doctor.
The biggest leg up you guys have is the Seventh Circuit is going to lay the smack down on Chicago… we still are in the 9th circus.
I hope he wins! it will be one more right restored to the people.
To bad he didn’t add punitive damages.
John says:According to a 2000 study by John Lott, PhD, “shall-issue” laws have reduced homicides by 8.5%, aggravated assaults by 7%, rapes by 5%, and robberies by 3%. Lott argued that if states that did not permit concealed handguns in 1992 had permitted them in 1977, 1,570 murders, 4,177 rapes, 60,000 aggravated assaults, and 12,000 robberies would have been prevented between 1977 and 1992. Not that it matters as Hawaii’s crime rate per http://www.criminalwatch.com/stats/hi.asp says that Hawaii’s crime rate is only 27.59% higher than the national average…just saying
Keith R. Wood says:Being the guy who started the process that led to Arizona getting Constitutional Carry — a 20-year process — let me tell those of you who are cheering them on that all of your words and best wishes aren’t as important as your MONEY.
It isn’t enough to tell them you’re on their side — you have to BE on their side, and their side is going to be EXPENSIVE.
Wherever you are in the US, this is YOUR battle. If the hoplophobes win here, they will be encouraged to fight back other places. If they lose in a state they consider to belong to them, they will lose EVERYWHERE.
If HDF wins, the true winner will be the 4’10″ 85-lb young mother who has to defend her babies against the moke with the baseball bat.
Instead of that next box of ammo, send that money where it will do some real good.
Amen to that Keith! As we said before, Freedom isn’t free. It takes an effort by all, and everyone has something to contribute. (Time, Skills, Abilities, Networking, Money and so forth.)
Kris Kirby says:United States v Ubilies:
http://caselaw.findlaw.com/us-3rd-circuit/1295038.html
Holding that the search and seizure of Ubiles was unlawful, we will reverse. The “Terry” stop in this case was not supported by reasonable suspicion “that criminal activity [was] afoot․” Terry v. Ohio, 392 U.S. 1, 30, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). First, it is not a crime to possess a firearm in the Virgin Islands-even when standing in a crowd. Second, the anonymous tipster who approached the authorities had said nothing that would indicate that Ubiles possessed the gun unlawfully (e.g., without registration); that he was committing or about to commit a crime; or that he posed a threat to the officers or anyone in the crowd. Therefore, the stop and subsequent search were unjustified because the precondition for a “Terry” stop was not present in this case. In reaching this conclusion, we reject the Government’s contention that Ubiles had a lessened expectation of privacy because he was standing in a crowd. We will therefore vacate the conviction and remand for further proceedings.1
David says:I only wish I could do more to support this. Money sent and I will be keeping a close eye on this issue. Keep up the good work!
Marc says:I’m with this more than 100%! Please restore our 2nd amendment rights in Hawaii – I vacation there every 2 or 3 years. Money is on it’s way!
Near Philly – PA
Joe says:There are many law-abiding residents in the state that would like to be able to exercise their Constitutional rights and be able to not only ably defend themselves and their familes but to be able to practice and enjoy these Constitutional rights as well.
Sadly, there is a bit of the ol’ “plantation mentality” that surfaces that keeps them from speaking up and voicing their opinions – it goes back to the days of the Plantation Company-owned stores and housing and an old adage that reminds them that “The nail that pops up is the one that gets hammered.”
The way I see it; let them smack the nails, sooner or later they will miss smash their thumb, and never hit another nail again
.
Mi Mo says:What was the outcome of this litigation?
The litigation is still under way. You can view the court docket here:
http://ia700709.us.archive.org/0/items/gov.uscourts.hid.98653/gov.uscourts.hid.98653.docket.html
Larry says:What is latest status of this case?
We are going to trial on the 21st of March. Additionally, along with us, there will be hearings in California for Nordyke v. King; and in Colorado Peterson’s carry case as well.
YAY!!! YAY!!! YAY!!! OVERDUE!!! Every service member stationed there has to disarm and incur unnecessary risk due to these oppressive and unconstitutional laws. Get rid of the silly, useless gun registration while you’re at it, and save the taxpayers a couple million from funding that doomed-from-the-start program, too.
[...] civil liberties. Kinda glad to finally file this complaint spent a lot of time to get here. HONOLULU POLICE CHIEF AND STATE OF HAWAII SUED FOR SECOND AMENDMENT VIOLATIONS HONOLULU POLICE CHIEF AND STATE OF HAWAII SUED FOR SECOND AMENDMENT VIOLATIONS For Immediate [...]
I visited Hawaii as a child. I would love to go back but until they bring their carry laws into alignment with the U.S. Constitution and grant reciprocity to other states, me and my $$$ stay away. I only go where I can legally defend myself and my family.
Finally. My friends in Hawaii have been waiting for a long time.
Thank you to Christopher Baker on behalf of South Bay Open Carry
Thank you, thank you, thank you.
Please file a similar lawsuit for the County of Hawaii as we need it too!
This court case would be good for *all* of Hawaii, not just Oahu.
[...] filed in HawaiiThis is long overdue. Hawaii has some of the most restrictive laws of any State. Honolulu Police Chief and State of Hawaii sued for second amendment violationsOX.requestAd({"auid":"33534"});__________________Bruce, Life Member: NRA, NCRPA Naval Air Museum [...]
You think Hawaii’s gun laws are bad, you haven’t seen anything until you try to by a gun in Illinois. Firearm Owners ID card. Registration requirements. Background checks. And the list goes. To top it off we are the only state with no form of concelled carry what so ever.
Hey Bob,
I would actually say we are all pretty much the same. Just because a law exists, if no one has it, then well it really doesn’t. In that sense, neither of us have concealed carry. We also have to get permits prior to every purchase; every handgun is a 14 day wait period with a permit application (which requires handgun training). After getting approved to make your purchase, you have to register it. They do background checks and fingerprints prior to letting you get a handgun, and they have to check your mental health records at your doctor.
The biggest leg up you guys have is the Seventh Circuit is going to lay the smack down on Chicago… we still are in the 9th circus.
I hope he wins! it will be one more right restored to the people.
To bad he didn’t add punitive damages.
It’s covered under 1983 damages.
According to a 2000 study by John Lott, PhD, “shall-issue” laws have reduced homicides by 8.5%, aggravated assaults by 7%, rapes by 5%, and robberies by 3%. Lott argued that if states that did not permit concealed handguns in 1992 had permitted them in 1977, 1,570 murders, 4,177 rapes, 60,000 aggravated assaults, and 12,000 robberies would have been prevented between 1977 and 1992. Not that it matters as Hawaii’s crime rate per http://www.criminalwatch.com/stats/hi.asp says that Hawaii’s crime rate is only 27.59% higher than the national average…just saying
Being the guy who started the process that led to Arizona getting Constitutional Carry — a 20-year process — let me tell those of you who are cheering them on that all of your words and best wishes aren’t as important as your MONEY.
It isn’t enough to tell them you’re on their side — you have to BE on their side, and their side is going to be EXPENSIVE.
Wherever you are in the US, this is YOUR battle. If the hoplophobes win here, they will be encouraged to fight back other places. If they lose in a state they consider to belong to them, they will lose EVERYWHERE.
If HDF wins, the true winner will be the 4’10″ 85-lb young mother who has to defend her babies against the moke with the baseball bat.
Instead of that next box of ammo, send that money where it will do some real good.
Amen to that Keith! As we said before, Freedom isn’t free. It takes an effort by all, and everyone has something to contribute. (Time, Skills, Abilities, Networking, Money and so forth.)
United States v Ubilies:
http://caselaw.findlaw.com/us-3rd-circuit/1295038.html
Holding that the search and seizure of Ubiles was unlawful, we will reverse. The “Terry” stop in this case was not supported by reasonable suspicion “that criminal activity [was] afoot․” Terry v. Ohio, 392 U.S. 1, 30, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). First, it is not a crime to possess a firearm in the Virgin Islands-even when standing in a crowd. Second, the anonymous tipster who approached the authorities had said nothing that would indicate that Ubiles possessed the gun unlawfully (e.g., without registration); that he was committing or about to commit a crime; or that he posed a threat to the officers or anyone in the crowd. Therefore, the stop and subsequent search were unjustified because the precondition for a “Terry” stop was not present in this case. In reaching this conclusion, we reject the Government’s contention that Ubiles had a lessened expectation of privacy because he was standing in a crowd. We will therefore vacate the conviction and remand for further proceedings.1
I only wish I could do more to support this. Money sent and I will be keeping a close eye on this issue. Keep up the good work!
I’m with this more than 100%! Please restore our 2nd amendment rights in Hawaii – I vacation there every 2 or 3 years. Money is on it’s way!
Near Philly – PA
There are many law-abiding residents in the state that would like to be able to exercise their Constitutional rights and be able to not only ably defend themselves and their familes but to be able to practice and enjoy these Constitutional rights as well.
Sadly, there is a bit of the ol’ “plantation mentality” that surfaces that keeps them from speaking up and voicing their opinions – it goes back to the days of the Plantation Company-owned stores and housing and an old adage that reminds them that “The nail that pops up is the one that gets hammered.”
The way I see it; let them smack the nails, sooner or later they will miss smash their thumb, and never hit another nail again
.
What was the outcome of this litigation?
The litigation is still under way. You can view the court docket here:
http://ia700709.us.archive.org/0/items/gov.uscourts.hid.98653/gov.uscourts.hid.98653.docket.html
What is latest status of this case?
We are going to trial on the 21st of March. Additionally, along with us, there will be hearings in California for Nordyke v. King; and in Colorado Peterson’s carry case as well.