A federal magistrate has prohibited the state of Hawaii from implementing a previously enacted moratorium on firearms on its most desirable beaches and other areas, including banks, bars, and parks, citing the US Supreme Court’s landmark ruling broadening gun rights last year.
Tuesday in Honolulu, US District Judge Leslie Kobayashi ruled that the bans likely violated the right of permit-holding gun owners to carry firearms in public, as guaranteed by the Second Amendment of the US Constitution.
The ruling prompted lawmakers in Hawaii to adopt a bill, which Democratic Governor Josh Green signed into law in June, to comply with the ruling while discouraging gun violence by prohibiting firearms in sensitive places.
The prohibitions were deemed unconstitutional by three Hawaii residents and the gun rights organization Hawaii Firearms Coalition.
Supreme Court Precedent Upheld in Hawaii Gun Ban Case
The office of Hawaii Attorney General Anne Lopez argued that the law was consistent with previous gun regulations and served the state’s interest in protecting public safety, including on beaches where minors congregate in large numbers.
Democratic former President Barack Obama’s appointee Kobayashi stated that Hawaii’s ban on firearms in bars and restaurants serving alcohol also failed due to the Supreme Court’s confusing and curious description as to what comprises a historical tradition of regulating guns.
Alan Beck, a counsel for the plaintiffs, praised the judge’s temporary restraining order, stating that Kobayashi faithfully applied Supreme Court precedent and came to the correct result. A spokesperson for Lopez was unable to respond to a request for commentary.
Source: Deccan Herald