Second Amendment Civil Rights Litigation

The right to keep and bear arms is an ancient, fundamental, constitutional right guaranteed and protected by the Second Amendment to the United States Constitution.  The people have this individual right.  We in America are unique because the people are guaranteed this right and the American right to keep and bear arms is broader and deeper than any other version.  We specifically broadened the right much more than the English right.  

Though the right itself is ancient and fundamental, and early Americans understood the right to be very broad and deep, the United States Supreme Court did not have an opportunity to rule on the various aspects of the right.  The twentieth century saw huge encroachments and infringements on the Second Amendment brought on by both the federal government and the various states and municipalities.  Much like the late twentieth century saw opinions from the United States Supreme Court regarding free speech and the right to religious freedom, the early twenty-first century is now beginning to see Second Amendment cases.   

Once the United States Supreme Court opened the door with D.C. v Heller in 2008, it is expected that there will be other cases that define the appropriate tests and analysis to be employed when challenging Second Amendment infringements.  In the interim, laws have been challenged throughout the country.  

Second Amendment in Hawaii

Here in Hawaii, the government is openly hostile and adamantly opposed to the Second Amendment.  The law surrounding the Second Amendment is continually changing.  Courts are often reluctant to strike down statutes, and it will take a long time to fully vindicate and protect Second Amendment rights here.  To that end, I endeavor to mount Second Amendment lawsuits whenever it is practical to do so. My firm, The Law Office of Kevin O'Grady, LLC, has been counsel in several lawsuits including, but not limited to, Roa v Honolulu, Choda v Hawaii County, and Santucci v Honolulu, and have assisted by writing friend of the court briefs in other cases as well.  

Additional Reading:

• Recent News: George Young wins his case in the U.S. Supreme Court that Hawaii has unconstitutional gun laws
• Red Flag Gun Laws, Unlawful Search and Seizure, and the Second Amendment

If you believe that you have a Second Amendment lawsuit in Hawaii, please contact my office today at (808) 521-3367 and have a free consultation with me.