Hawaii Firearm Permits – Fisher v. Kealoha (2011)

Posted on April 21st, by Christopher in News, On Featured. 1 Comment

In yesterday’s Fisher v. Kealoha (D. Haw. Apr. 19, 2011), the district court let plaintiff proceed with his Second Amendment claim, in a way that suggests plaintiff might well win. In December 1997, Kirk Fisher pled guilty to two counts of misdemeanor “harassment” of his wife (who is apparently still his wife), and was placed on probation for six months. As part of his probation, he had to surrender his guns, but after the probation was over, the court ordered that the guns be returned, so long as that was consistent with Hawaii law and federal law; and the police department did indeed return them.

But in Fall 2009, Fisher asked for a license to buy another gun — Hawaii requires such a license — but the police department said no, and indeed ordered him to dispose of his current guns. Fisher, the police department reasoned, was forbidden from possessing a gun by Haw. Rev. Stat. § 134-7 and 18 U.S.C. § 922(g)(9). Hawaii law forbids gun possession by anyone who has been convicted of “any crime of violence,” including misdemeanors (Hawaii law). Federal law forbids gun possession by anyone who has been convicted of any misdemeanor that “has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon” against a spouse, cohabitant, or child.

Read more from Eugene Volokh at the Volokh Conspiracy.

One thought on “Hawaii Firearm Permits – Fisher v. Kealoha (2011)

  1. Hawaii’s gun laws are ultra vires, violations of our 2nd Amendment Rights of the Bill of Rights our Constitution for the United States of America, and I mean all of chapter 134 HRS must be repealed as it is null and void from its inception and is not law. Unfortunately, the Organized Criminals of Hawaii aka the State of Hawaii governor and attorney general in a conspiracy with all police departments in Hawaii, are engaged in criminal racketeering when they “enforce Hawaii gun laws” and it makes a lot of money for attorneys and judges and jailers and cops who have destroyed thousands of lives in Hawaii with their unlawful so called enforcement. The State of Hawaii is a criminal organization, a cabal of of communist politicians, judges, attorneys, and ignorant plantation slaves who are against America’s Supreme Law of the Land, and the sovereignty of American Citizens. BTW, sovereignty is the right and ability to govern. An armed man is a sovereign; an unarmed man is a slave.
    Lets all get involved and support the Hawaii Defense Foundation’s lawsuits to abolish Hawaii’s unconstitutional communist anti-American gun laws chapter 134 HRS.

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