Temporary Restraining Order in Hawai’i

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.

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