HONOLULU (HawaiiNewsNow) – A federal appeals court today ruled that Hawaii and California can ban guns in certain places officials deemed sensitive. This after the states challenged a lower court’s order to block the bans.
The ruling means that Hawaii can enforce gun bans in places that serve alcohol, beaches, parks, and parking areas next to those places. As a default rule, firearms are not allowed on private property without the owner’s consent.
A group of gun rights advocates sued the state last year for banning guns in sensitive places. The laws were in response to the 2022 Supreme Court ruling that expanded the Second Amendment right to bear arms to include carrying handguns in public for self-defense, but left room for restrictions.
A district court blocked the bans, saying they didn’t meet requirements set by the Supreme Court.
This new ruling by a panel of the Ninth Circuit Court of Appeals partly reverses those orders, allowing bans in certain public places.
The court did rule guns should be allowed in banks and adjacent parking lots and parking areas shared by government and non-government buildings.
In a statement, the Attorney General’s office said it was gratified, adding: “This is a significant decision recognizing that the state’s public safety measures are consistent with our nation’s historical tradition.”
The plaintiffs’ attorney said they’re disappointed about the continued bans that only hurt law-abiding gun owners.
“That person, because he cares about the law, is not going to arm himself, but the guy that is going to have an argument and resort to shooting somebody, he’s carrying it already because he has no problem with shooting somebody over something that isn’t life threatening,” said attorney Kevin O’Grady.
Lawmakers on both sides of the issue said they respect the appeals process.
“It’s a good thing. It allows us to have reasonable restrictions on where guns can be taken,” said state senator Karl Rhoads, a strong proponent of gun control who pushed for the restrictions in the legislature.
“Those who are law abiding citizens, definitely, we want to make sure that their rights are preserved as at the same time making sure that we can keep our community safe,” said Honolulu Councilmember Val Okimoto, who voted against the City’s gun ban in sensitive places.
Those in favor of the bans feel the recent rash of gun violence is a result of more firearms in the public, while guns rights advocates say it’s even more reason to carry them.
“This gun culture is about selfishness. It’s not about protecting the larger community. It’s what does an individual want to do with his or her gun,” said Chris Marvin, a Hawaii member of the national nonprofit Everytown for Gun Safety, which lobbies for gun control laws and advocates for gun violence prevention.
“Everyone has the right to protect themselves. It’s not as though being able to protect yourself is selfish,” O’Grady said.
He said they plan to file an appeal within the next two weeks.
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Publish date : 2024-09-06 22:33:00
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