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A temporary restraining order has been issued in Hawai’i blocking enforcement of multiple sections of H.R.S. 134 until the litigation is finished. The National Foundation for Gun Rights filed an Amicus Brief supporting the plaintiffs in this case. You can read the ruling here.

H.R.S. 134 was created in response to the Bruen decision and is an attempt to ban the carrying of firearms by turning the entire state into a “sensitive place.” This law is a violation of not only the Second Amendment, but also the First Amendment as our Brief showed. You can read our brief here.

The temporary restraining order blocks enforcement of prohibitions on carrying firearms in banks, financial institutions, beaches, parks, all private property open to the public, their adjacent parking areas, parking areas open to the public, and parking areas that do not exclusively serve a state or government building.

Judge Leslie E. Kobayashi agrees that the plain text of the Second Amendment covers an individual’s right to carry a firearm in these places, and that there is no historical precedent for a ban.

This is a huge win for the Second Amendment and an excellent understanding of the Supreme Court’s ruling in the Bruen decision. District Courts have already struck down similar laws in both New York and New Jersey, and Judge Kobayashi is well on her way in doing the same for Hawai’i.

Click here to contribute to our legal war chest so we can continue fighting for the Second Amendment in the Courts!

On December 20^th, 2022 Judge Tom Moran of the New York Supreme Court ruled New York’s Red Flag style gun confiscation law, unconstitutional. Putting a temporary stop to red flag sun confiscation in New York.

This came about when a petitioner only identified as G.W. filed an application in August of 2022 for a Temporary Extreme Risk Protection Order (“TERPO”), the name for New York’s red flag law, against an ex-girlfriend listed as C.N.

C.N. hired a lawyer to defend her on Constitutional grounds ultimately resulting in the ruling that this law is unconstitutional.

This is good news for gun owners. It is the first step in setting legal precedent and it is one of the first times a judge has ruled so strongly against red flag laws.

The court stated, “Second Amendment rights are no less fundamental than, for example, Fourth Amendment rights (the right to liberty), and must be provided the same level of due process and equal protection.”

The court went on to point out, “the Second Amendment establishes that the exercise of a fundamental right ‘shall not be infringed.’ However, [this law], does exactly that.”

Red flag laws, by design, do not respect due process or the language of the Second Amendment. A fact that is revealed quite glaringly in this ruling. This was perfectly summed up in by the judge when he wrote, “While some may advocate that ‘the ends justify the means’ in support of [this law], where those means violate a fundamental right under our Bill of Rights to achieve their ends, then the law, on its face, cannot stand.”

While the court had a good ruling in this case, it did not go so far as to rule that no red flag law under any circumstances can stand. Gun grabbers will always try and find ways to weasel around the Constitution and strip us of our rights. We need to keep fighting to ensure this does not happen.

Please considered joining the fight by contributing here.

To read the entire ruling click here.