State attorney general, Hawaii counties reviewing firearm laws in wake of SCOTUS decision

The state Department of the Attorney General is coordinating with county prosecutors, corporation counsels and police to develop a process for licensing gun owners who apply for a permit to carry a handgun after the US Supreme Court last week said lower courts should revisit Hawaii’s restrictions on who can pack a gun in public.

The Supreme Court on Thursday said gun cases involving restrictions in Hawaii, California, New Jersey and Maryland deserve a new look following its major decision in a New York gun case June 23. In light of that ruling — which said Americans have a right to carry a gun for self-defense outside the home — the court said lower courts should take another look at several cases that had been pending action by the high court.

The justices, in a 6-3 decision, struck down a New York law that required people to show “proper cause,” a specific need to carry a gun, if they wanted to carry a gun in public.

Hawaii has similar restrictions, and police chiefs here have granted only four permits to carry a gun in public in the last 22 years. The Supreme Court decision takes away the chiefs’ ability to deny qualified, law-abiding citizens a permit to carry a handgun.

The court on Thursday granted a petition in the case George K. Young Jr. v. Hawaii stemming from a 2012 lawsuit against the Hawaii County Police Department filed by Young, a retired police officer, who had his application to carry a gun turned down twice.

Young’s case was sent back to the 9th Circuit Court of Appeals for further consideration of its 2021 ruling that the right to “keep and bear arms” in the Constitution’s Second Amendment “does not guarantee an unfettered, general right to openly carry arms in public for individual self-defense.”

But the high court said the Constitution protects “an individual’s right to carry a handgun for self-defense outside the home.”

On Thursday, representatives from the AG’s office met with representatives from the county prosecutors’ offices, police departments and corporation counsels to begin the discussion on how to balance the high court’s decision with public safety.

“The Department of the Attorney General had a productive initial meeting with the counties … and looks forward to further discussing with them how to best ensure the safety of the community, while responding to the recent US Supreme Court opinion,” Gary H. Yamashiroya, special assistant to state Attorney General Holly Shikada, told the Honolulu Star-Advertiser in a statement. “Determining the best way to respond to the recent US Supreme Court ruling while ensuring the protection of public safety is a complex undertaking. The department is committed to working with all stakeholders in the coming months to address these issues.”

In 2019, 62 people died by firearm in Hawaii, with suicides accounting for 66% of the gun deaths, and homicides making up 23% of the total, according to the Educational Fund to Stop Gun Violence, a Washington, DC-based nonprofit.

From 2010 to 2019, Hawaii County had the highest gun death rate, followed by Kauai County. Honolulu had the lowest gun death rate during that period, followed by Maui County.

The State of Hawaii Organization of Police Officers told the Star-Advertiser that any change to Hawaii’s “concealed carry” laws must strike the right balance between a law-abiding gun owner’s rights with the need to keep the public and police officers safe.

“The Legislature should enact strong restrictions to keep firearms out of the hands of felons, domestic abusers, violent criminals, drug addicts and the mentally ill. These restrictions must include a process to revoke the license of any permit holder who qualifies for being on the prohibit list, as well as the financial resources for our police departments to investigate and enforce any license revocation,” said Robert Cavaco, SHOPO president.

Police are also worried about how the high court ruling will affect interactions between law enforcement and the public. Officers are already responding to rapidly evolving emergency situations that could turn deadly in an instant. The added pressure of not knowing who is carrying a gun could add tension to already stressful situations.

“It is impossible for our officers in the field to distinguish between an individual with a gun that is a permit holder versus one that is not a permit holder, so part of any required training for those seeking a concealed carry permit should include how to safely interact with law enforcement officers while armed,” said Cavaco.

Honolulu Police Chief Arthur Logan said the department is currently reviewing the ruling and is in discussion with city attorneys and other county police departments and law enforcement agencies.

“The HPD’s firearms permitting procedures are unchanged at this time but are being evaluated in light of the ruling,” said Logan.

County prosecutors are carefully considering the path forward and reviewing the decision and Hawaii firearm laws before offering any legislative proposals.

The Supreme Court ruling does allow states to continue to prohibit guns in some locations such as schools and government buildings, and New York lawmakers moved swiftly late last week to enact sweeping measures designed to blunt the effects of the court ruling.

The state’s new gun law bars the carrying of handguns in many public settings such as subways and buses, parks, hospitals, stadiums, day cares and Times Square, and prohibits guns on private property without the express permission of the property owner. The law also requires firearm training for permit applicants, an in-person interview and a written exam.

“Honolulu is fortunate to have a low violent crime rate, as well as a low rate of firearms used in violent crimes, relative to other places around the country,” said Honolulu Prosecuting Attorney Steve Alm. “We want to keep it that way. Once the full impact of the recent US Supreme Court decision is known, we will be in a better position to determine what steps need to be taken to keep Honolulu safe.”

Maui County Prosecuting Attorney Andrew Martin said his office is evaluating the decision, its impact on Hawaii laws and what measures to consider moving forward.

“We’re fortunate here in Hawaii to have the lowest per capita firearm mortality rates in the entire country (according to CDC data),” said Martin. “We’ll work closely with our law enforcement partners across the state to make sure we maintain that.”

Rebecca Like, Kauai County prosecuting attorney, said the Supreme Court ruling is likely to lead to challenges of existing firearm laws in Hawaii.

“There will also need to be a reevaluation of current practices to make sure enforcement comports with the decision. At this point, I am not prepared to comment specifically on what those changes will look like, but know that we are discussing the challenges and how we can best move forward,” said Like.

Kelden Waltjen, Hawaii County prosecuting attorney, said he plans to meet with Corporation Counsel Elizabeth Strance and Hawaii Police Department Chief Paul Ferreira to discuss how the county “will be addressing any appropriate changes to application processes and enforcement,” in consultation with the AG’s office .

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The Associated Press contributed to this report.