Second Amendment

Second Amendment

Hawaii has an unbelievably restrictive statutory scheme developed to crush and bury the Second Amendment. There have been two open carry license ever granted, that the Attorney General knows of. The United States Court of Appeals for the Ninth Circuit recently struck down Hawaii’s statute as it pertains to open carry. Hawaii has sought rehearing from the entire Ninth Circuit. In the interim, the A.G. has issued a legal opinion setting out an argument that the requirements are not as severe as the Ninth Circuit said. If you believe you meet some of these criteria and want to seek an open-carry permit, you should immediately contact my law office. The A.G.’s criteria, that are particular to the individual, are illustrated by certain examples- A person who has suffered serious domestic abuse from a former partner who has violated previous protective orders; A victim of stalking who has received credible threats of death or serious bodily harm from his or her stalker; A political activist who has received credible threats of death or serious bodily harm due to his or her political activity; A witness to a crime who has received credible threats, or is testifying against an organization known to use violence to intimidate witnesses; A person who faces heightened risk of attack or violence due to his or her profession, such as a private security officer, a psychiatrist or physician with an obsessive or threatening patient, an attorney with a former client or opposing party who has made credible threats of death or serious bodily harm, a business owner with a violent former employee who has made credible threats of death or serious bodily harm, an entertainer with an obsessive fan who has made credible threats of death or serious bodily harm and engaged in stalking; or a person who faces a high risk of armed robbery because his or her job requires stocking ATMs or otherwise transporting large quantities of cash. The A.G. restated the criteria already in the statute, but if you believe you should be entitled to an open carry permit, contact my office immediately.
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