Over the last week we have been asked A LOT about Duncan v. Becerra and how does it affect Hawaii's law. We have been pretty quiet about it and provided very little feedback.
Honolulu, Hawaii. August 20th, 2020. Yesterday evening Attorney Alan Beck on behalf of Hawaii Firearms Coalition director Jon Abbott and two other Hawaii residents (Kevin Kacatin and Soleil Roache), filed a lawsuit in the US District Court of Hawaii.
The lawsuit alleges that Hawaii's ban on Handgun magazines with a capacity greater than ten rounds in unconstitutional. HRS 134-8(c) bans the possession of any magazines capable of holding more than ten rounds. The plaintiffs in the case have all stated that if it were not for Hawaii's ban, they would seek to and would own magazines with a larger capacity. Currently, if they were to be found in possession and using said magazines, they would be charged with a Class C felony.
The recent ruling by the 9th Circuit Court in Duncan v. Becerra supports this lawsuit. In that case, the court found that; millions of ammunition magazines able to hold more than 10 rounds are in common use by law-abiding responsible citizens for lawful uses like self-defense. As such, they are protected by the second amendment and can not be subject to a categorical ban.
Applying the same logical steps used by the 9th Circuit Court in Duncan, Hawaii's law is likely to be found unconstitutional. In recent years Hawaii's Firearms Coalition has asked legislators to amend Hawaii's law to remove the capacity based ban, but legislators have been unwilling to do so. The only available course of action left is to have it removed by the courts.
Hawaii Firearms Coalition is a non-profit based in the state of Hawaii that focuses on the second amendment and the right to bear arms. For more information and membership opportunities, please visit www.hifico.org