9th Circuit on a roll: Strikes down Hawaii gun law this time

9th Circuit on a roll: Strikes down Hawaii gun law this time

Early in February, the Ninth Circuit Court of Appeals held that San Diego County’s rule requiring residents to show “good cause” before being allowed to obtain a concealed carry permit violates the Second Amendment. …

Forcing citizens to prove to the government why they should be allowed to gain a carry permit is a process called “may issue.” With a may issue rule, government puts the onus on citizens to prove that they should be allowed to observe their Second Amendment rights. The Ninth Circuit essentially informed the California county that it must institute a “shall issue” rule, one that assumes the citizen is eligible for a permit unless government can prove otherwise.

This same rule has now been struck down for Hawaii and by the same Circuit Court.

With the case Baker v. Kealoha (9th Cir. Mar. 20, 2014), the Ninth Circuit ruled that Hawaii’s restrictions were just like San Diego County’s and the rules would have to be reworked to conform to earlier court decisions.

Law professor Eugene Volokh notes that gun rights advocates cannot start celebrating just yet because various cases are still making their way through the courts and these decisions could be overturned.

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