Earlier this month, attorneys Alan Beck and Kevin O'Grady notched another win against the state of Hawaii and its restrictive gun control laws when a federal judge issued a final judgement in a case challenging the inability for non-residents to lawfully carry firearms in the state.
Beck and O'Grady represented the plaintiffs in the case; a Virginia resident named Johnathan Solinsky and the Hawaii Rifle Association, who challenged that prohibition on Second Amendment grounds, and U.S. District Judge Jill A. Otake ruled in their favor on April 15.
Otake's injunction means that non-residents will now be able to apply for a Hawaii carry permit, but there is a catch. According to the terms of the injunction, it only applies to the named plaintiffs in the case. That means anyone visiting the islands who wants to lawfully bear arms will have to become a member of the Hawaii Rifle Association.
“I don’t like it. I mean, I don’t like that people need to join the Hawaii Rifle Association in order to exercise their right to carry concealed,” said Kainoa Kaku, Hawaii Rifle Association president. who says there should be no restriction.
The Hawaii Rifle Association hosts group shoots, provides gun training and education, and hires lawyers to defend gun rights. The organization was a plaintiff in the lawsuit challenging the state’s ban.
The narrow application stems from a Supreme Court ruling in Trump v. Casa, a case about birthright citizenship. The court ruled that federal judges can no longer throw out entire laws — their rulings can only apply to the individuals and groups who sued.
“Trial courts can only issue injunctions for the parties that are before them. And so what that means is that a court may rule in your favor, but it’s going to only rule for you and not for the general public,” said Alan Beck, an attorney who specializes gun right cases.
The ruling has made it harder for gun rights to reach more people.
“The Trump v. Casa ruling certainly has percolated down to the trial courts in a way that has made it more difficult to vindicate civil rights in general,” Beck said.
That's certainly been the case when it comes to our Second Amendment rights. A number of cases have been resolved in favor of the individuals and 2A groups who were plaintiffs, but relief has been granted only to those who are a part of the organizations involved in the litigation.
Something similar happened with the challenge to California's lack of non-resident carry permits. The prohibition was found to be in violation of the Second Amendment last January, but to this day only members of California Rifle & Pistol Association, Second Amendment Foundation, Gun Owners of America, and Gun Owners of California are eligible to apply for a permit in California counties.
I understand the Supreme Court's rationale in curbing the practice of district court judges issuing nationwide injunctions inTrump v. Casa, but it has undeniably had an adverse impact on Second Amendment organizations and our right to keep and bear arms. Even a successful facial challenge is likely going to lead to an injunction that only applies to named plaintiffs, and the Court's only suggested remedy is to instead file class-action lawsuits.
Those kinds of lawsuits are generally more expensive and more time consuming, and even getting a class certified can be a challenge all its own.
So, for now the best option for gun owners is to support the Second Amendment groups that are named plaintiffs in lawsuits seeking to overturn various gun control laws. An annual membership in the Hawaii Rifle Association costs $21, and though I agree with Kaku that you shouldn't have to be a member in order to apply for a non-resident permit, at least that money is going to a good cause.
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