Order Enjoining Hawaii's Ban on Resident Aliens Owning Firearms

Anyone that knows any resident alien i.e. one with a green card who wants to own a gun they can as of today. 

awesome 

w00t!!!!

Thanks Wolfwood!   

Now if we can only get another judge to apply strict scrutiny (as did Judge Seabright in this case) to Peruta/Prieto/Baker we'll all be better off!

That was FAST

Great win for rights!

That was FAST

We've known for years this would go down like a vegas stripper.

Wow. Congratulations!  And thank you!

And any illegal aliens too can buy soon.

Not that they have them already

And any illegal aliens too can buy soon.

Not that they have them already

Judge specifically says this ruling does not apply to them, but only other legal aliens.

Was being sarcastic

I'm seeking a clarification.

I'm picking up a permit to acquire today in Hilo and called to make sure it was ready, and then asked if it was crowded in there, thinking that maybe the resident aliens were going in for permits. I was told that resident aliens are not eligible "here" (Big Island). Is that true? I thought that because the attorney general of Hawaii was part of the lawsuit that it was a statewide ruling, even though the other defendants and the plaintiff were Oahu residents. Thanks.  Need to have a separate lawsuit for each county? Or for the whole state? If so, ridiculous.

Its State wide. When Baker come down that impacts Hilo to. Conversely when Young comes down that will impact Oahu. 

I'm seeking a clarification.

I'm picking up a permit to acquire today in Hilo and called to make sure it was ready, and then asked if it was crowded in there, thinking that maybe the resident aliens were going in for permits. I was told that resident aliens are not eligible "here" (Big Island). Is that true? I thought that because the attorney general of Hawaii was part of the lawsuit that it was a statewide ruling, even though the other defendants and the plaintiff were Oahu residents. Thanks.  Need to have a separate lawsuit for each county? Or for the whole state? If so, ridiculous.

Those individuals should likely reach out to Wolfwood or Mr. Holcomb (the attorneys for this matter).  Refusing to issue permits on Big island will end up with another very quick lawsuit.

Those individuals should likely reach out to Wolfwood or Mr. Holcomb (the attorneys for this matter).  Refusing to issue permits on Big island will end up with another very quick lawsuit.

I was in the Hilo P.D. firearms registration office at 1 PM and they still looked at me very skeptically after I gave them the citation for the case and mentioned that judge Seabright included the equal protection clause and the Second Amendment of the Untied States Constitution as part of his legal decision making, and that I was pretty sure that those parts of the Constitution applied the Hawaii County. I can't help it, I'm a smart-ass. Also that it was in federal court and the state AG was a defendent, so that should make it apply to the whole state (besides the decision itself saying so). They said they would look into it later. Apparently no permanent resident aliens have yet tried to acquire a permit there because the clerks there still no nothing about it, and it hasn't been brought to their attention by any applicant.

I'd guess that as soon as their "legal department" is informed, the form requiring citizenship will be changed and everyone will comply with the law.

This is good news, my wife can have my guns if I die!

This is good news, my wife can have my guns if I die!

I hope she's not reading this!

DOH!! 

I'm seeking a clarification.

I'm picking up a permit to acquire today in Hilo and called to make sure it was ready, and then asked if it was crowded in there, thinking that maybe the resident aliens were going in for permits. I was told that resident aliens are not eligible "here" (Big Island). Is that true? I thought that because the attorney general of Hawaii was part of the lawsuit that it was a statewide ruling, even though the other defendants and the plaintiff were Oahu residents. Thanks.  Need to have a separate lawsuit for each county? Or for the whole state? If so, ridiculous.

The pertinent part of the order, the "Conclusion" states:

Defendants and/or their officers, agents, servants, employees, and all persons in active concert or participation with them who receive actual notice of this injunction, are enjoined from precluding lawful permanent resident aliens residing in the State of Hawaii from applying for a permit to acquire firearms as set forth in HRS § 134-2(d).

Furthermore, the footnote for the Conclusion states:

The precise scope of the injunction was agreed to by the parties. See  Doc. Nos. 34-36. That is, although Defendants have opposed, or taken no position, on the Motion, all parties have agreed to the scope of this injunction (if the court concludes, as it does, that HRS § 134-2(d) is unconstitutional as-applied to Fotoudis and other lawful permanent resident aliens).

Bring a copy of the order down to the police station and ask to speak to the highest ranking officer you can. Give them a copy and note their name and rank. Having been made aware of the order, subsequent refusal to allow lawful permanent resident aliens to apply for a PTA could result in criminal sanctions.

Cool. Mrs Barrels is going to be stoked. Or not.

"Guess what Honey... we get to go hang out at the police station!"

Just received this message from someone inquiring with HPD if they could come down and start the PTA process as a resident legal alien:

She needs to bring in her passport, resident alien documents, and Hawaii drivers license or proof of Hawaii residency.
 
We’re waiting for the Immigration & Naturalization Service to show my staff the proper papers for permanent resident aliens.  Records & ID Major Nitta said that we can start processing the permits.

The above message was sent by the Sgt. in charge of the firearms section. Just FYI......