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Ninth Circuit Requires Federal District Court to Reexamine Hawaii's Restrictive Carry Permit System

Friday, March 21, 2014

There was breaking news in Hawaii this week, as the U.S. Ninth Circuit Court of Appeals released a decision in the case of Baker v. Kealoha, which vacated a lower court decision that upheld Hawaii's restrictive "may-issue" carry permit system and required the lower court to reexamine the issue in light of the Ninth Circuit's recent Peruta decision.

A Guns.com article notes that the case was heard by the same three judges who sat on the earlier Peruta and Richards cases in California, which challenged the state's restrictive 'may issue' policies that required concealed carry permit applicants to show "good cause" to warrant a permit. The judges heard the Baker case in December and issued their findings this week.

The decision said, in part, "In Peruta, we concluded that the Second Amendment provides a responsible, law-abiding citizen with the right to carry an operable handgun outside the home for the purpose of self-defense.  In light of our holding in Peruta, the district court made an error of law when it concluded that the Hawaii statutes did not implicate protected Second Amendment activity.  Accordingly, we vacate the District court's decision denying Baker's motion for a preliminary injunction and remand for further proceedings consistent with Peruta."

To read the Guns.com article, please click here.

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Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.