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Gun Owners Seek Right To Carry Weapons In Public

Lawsuit Challenges Hawaii Gun Laws

POSTED: 8:36 pm HST August 25, 2011
UPDATED: 7:38 am HST August 26, 2011

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A lawsuit filed in Hawaii U.S. District Court is bound to focus national debate on Hawaii's gun laws.

Several attorneys filed the suit on behalf of an organization known as The Hawaii Defense Foundation, founded by gun owner Christopher Baker. Named in the complaint are the Honolulu police chief, the City and County of Hawaii, the state of Hawaii, and Gov. Neil Abercrombie.

The suit alleges Hawaii's license to carry statute and various other firearms regulations are unconstitutional.

Many states allow residents to carry guns legally in public, and many gun owners claim the second amendment to the U.S. Constitution guarantees that right. In Hawaii it is not legal to carry a gun.

State law mandates citizens may be provided licenses to carry only in “exceptional circumstance” or “where a need or urgency has been sufficiently indicated,” at the discretion of the county’s chief of police.

The complaint asserts that this language violates the Second Amendment, which secures the right of all responsible, law-abiding citizens to bear arms for the purpose of self-defense.

“We have the ability to defend ourselves. And we have the ability to use arms to do that, specifically firearms. So the question is, why do we have that ability? It was decided a long time ago that everyone, every person has that ability. So it isn't really up for discussion any more than any of the other amendments are,” said Attorney Kevin O’Grady.

Attorney Richard Holcomb said the suit was filed now because recent U.S. Supreme Court rulings have upheld citizens’ rights to carry guns in public.

“They have now said you have the right to carry a firearm for purposes of self defense. What has not changed is Hawaii's law prohibiting the carrying and bearing of firearms,” Holcomb said.

But many Hawaii residents say they don't want citizens to be allowed to carry guns.

“I wouldn't really feel safe knowing that people are walking around with guns, even responsible people,” said Honolulu resident Brittni Chang.

“If a law abiding citizen is carrying his weapon, he can carry it all day and never hurt anyone. But, when it's needed he has it with him so he can defend himself, his family his property and his country,” O’Grady said.

The lawsuit is expected to create debate and controversy among advocates of the second amendment and supporters of gun control, and could focus nationwide attention on Hawaii’s gun laws.

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