Saturday, March 22, 2014

Eugene Volokh: Hawaii restrictions on gun carrying (essentially) held unconstitutional — for now

The case is Baker v. Kealoha (9th Cir. Mar. 20, 2014), and it’s unsurprising: The same Ninth Circuit panel struck down the California restrictions on gun carrying last month in Peruta v. County of San Diego, and the Hawaii restrictions are in important respects similar to the California ones — both basically bar people from having guns to defend themselves in public places (unless they have licenses that can be issued or not at the discretion of local law enforcement, and that are in many places very hard to get). The Baker decision says that it “remand[s] for further proceedings consistent with Peruta, but the writing is on the wall.

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