Hawaii's AG response to Bruen (Read 17763 times)

changemyoil66

Hawaii's AG response to Bruen
« on: July 11, 2022, 12:46:29 PM »
https://ag.hawaii.gov/wp-content/uploads/2022/07/Attorney-General-Opinion-22-02.pdf


Finally. But we still have to see if CCW permits are issued. This applies to CCW only and not open. Open can still be denied and must show cause.

Synopsis:

Need to carry is removed

"Good moral character" is changed to "suitable person". Which is:
1) No domestic violence incidents recently
2) No recent careless handling or storage of guns
3) No recent incidents of booze or drug abuse
4) no other recent violent conduct.


Unclear about training requirement.

HI is the last AG to reply. CA even replied the very next evening after the SCOTUS ruling.

stangzilla

Re: Hawaii's AG response to Bruen
« Reply #1 on: July 11, 2022, 12:56:58 PM »
https://ag.hawaii.gov/wp-content/uploads/2022/07/Attorney-General-Opinion-22-02.pdf


Finally. But we still have to see if CCW permits are issued. This applies to CCW only and not open. Open can still be denied and must show cause.

Synopsis:

Need to carry is removed

"Good moral character" is changed to "suitable person". Which is:
1) No domestic violence incidents recently
2) No recent careless handling or storage of guns
3) No recent incidents of booze or drug abuse
4) no other recent violent conduct.


Unclear about training requirement.

HI is the last AG to reply. CA even replied the very next evening after the SCOTUS ruling.

doesn't say anything about training or a live fire testing requirement.  so NO NEED!!!   :shaka:

thanks for the info, CMO  :shaka:

I'm going to apply very soon

changemyoil66

Re: Hawaii's AG response to Bruen
« Reply #2 on: July 11, 2022, 01:07:25 PM »
doesn't say anything about training or a live fire testing requirement.  so NO NEED!!!   :shaka:

thanks for the info, CMO  :shaka:

I'm going to apply very soon

They still have "Be qualified to use the firearm in a safe manner". A reasonable chief would say if you own a gun and have no record of accidents, then we all G. But I think HI is gonna use this to deny people for now. Just my $0.02 because we don't have a reasonable chief, AG, or politicians.

pacwire

Re: Hawaii's AG response to Bruen
« Reply #3 on: July 11, 2022, 02:01:30 PM »
With the Response of the State AG, Maybe Andrew of HIFICO should AGAIN Engage with Chief Logan with the attached Dated 7/7/2022.  To me this document is VERY Promising BUT still....

Guess i better head down to get my pictures taken and get my paperwork submittal done.!

Aloha!

« Last Edit: July 11, 2022, 02:44:40 PM by pacwire »

rpoL98

Re: Hawaii's AG response to Bruen
« Reply #4 on: July 11, 2022, 02:13:55 PM »
They still have to "Be qualified to use the firearm in a safe manner". A reasonable chief would say if you own a gun and have no record of accidents, then we all G. But I think HI is gonna use this to deny people for now. Just my $0.02 because we don't have a reasonable chief, AG, or politicians.
is this the AG's verbiage?  because if it uses "the", then that means specific to a particular firearm.  so, in other words, CCW would be specific to your G43, or you P365.  You couldn't vary your carry weapon depending on day's plan, dress code, etc.

as opposed to "be qualified to use a firearm in a safe manner", which is generic.

just my 2 cents, worth even less now thanks to Bidenflation, maybe i should say: just my 2 rubles.

stangzilla

Re: Hawaii's AG response to Bruen
« Reply #5 on: July 11, 2022, 02:17:48 PM »
They still have "Be qualified to use the firearm in a safe manner". A reasonable chief would say if you own a gun and have no record of accidents, then we all G. But I think HI is gonna use this to deny people for now. Just my $0.02 because we don't have a reasonable chief, AG, or politicians.

you are right.  they will make it very difficult for us to get a ccw permit
in the mean time I'll get my passport pics and decide which pistol I am going to use

zippz

Re: Hawaii's AG response to Bruen
« Reply #6 on: July 11, 2022, 02:55:49 PM »
is this the AG's verbiage?  because if it uses "the", then that means specific to a particular firearm.  so, in other words, CCW would be specific to your G43, or you P365.  You couldn't vary your carry weapon depending on day's plan, dress code, etc.

as opposed to "be qualified to use a firearm in a safe manner", which is generic.

just my 2 cents, worth even less now thanks to Bidenflation, maybe i should say: just my 2 rubles.

That is how the law is written, and you need to state the firearm serial number when applying.  Serial number has to match your registration form.  You also need another set of applications for open carry.

I submitted 2 applications.  Going to submit 4 more.

changemyoil66

Re: Hawaii's AG response to Bruen
« Reply #7 on: July 11, 2022, 03:23:30 PM »
With the Response of the State AG, Maybe Andrew of HIFICO should AGAIN Engage with Chief Logan with the attached Dated 7/7/2022.  To me this document is VERY Promising BUT still....

Guess i better head down to get my pictures taken and get my paperwork submittal done.!

Aloha!
He goes to HPD daily to check and is there right now.

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changemyoil66

Re: Hawaii's AG response to Bruen
« Reply #8 on: July 11, 2022, 03:24:27 PM »
is this the AG's verbiage?  because if it uses "the", then that means specific to a particular firearm.  so, in other words, CCW would be specific to your G43, or you P365.  You couldn't vary your carry weapon depending on day's plan, dress code, etc.

as opposed to "be qualified to use a firearm in a safe manner", which is generic.

just my 2 cents, worth even less now thanks to Bidenflation, maybe i should say: just my 2 rubles.
HRS 134-9, copied and pasted.

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bass monkey

Re: Hawaii's AG response to Bruen
« Reply #9 on: July 11, 2022, 03:39:57 PM »
They still have "Be qualified to use the firearm in a safe manner". A reasonable chief would say if you own a gun and have no record of accidents, then we all G. But I think HI is gonna use this to deny people for now. Just my $0.02 because we don't have a reasonable chief, AG, or politicians.

Following the current process when applying for a handgun,  you can show your hunters education certificate or firearms certificate. 

That should be more then enough "to be qualified" for a ccp

6716J

Re: Hawaii's AG response to Bruen
« Reply #10 on: July 11, 2022, 03:48:59 PM »
These are the requirements to obtain a CCW as from the HPD LTC2018Application

https://www.honolulupd.org/police-services/firearms/
https://www.honolulupd.org/wp-content/uploads/2020/09/LTC2018Application.pdf
https://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0134/HRS_0134-0002.htm

License to Carry Concealed
Application Instructions
1. Must have a handgun registered in Hawaii at the time of your application
2. Two passport photos
3. Fill out the application in person with government issued identification
4. If born outside of the United States, USA Passport, USA Citizenship documents, or USA Permanent Resident Card
5. Provide handwritten or typed reasons for License to Carry Concealed
6. Proof of completion of a Hunter Education Course or other Firearms Safety or Training Course described by Section 134-2(g), Hawaii Revised Statutes
I'd rather have a bottle in front of me, than a frontal lobotomy.

6716J

Re: Hawaii's AG response to Bruen
« Reply #11 on: July 11, 2022, 03:55:13 PM »
https://ag.hawaii.gov/wp-content/uploads/2022/07/Attorney-General-Opinion-22-02.pdf


Finally. But we still have to see if CCW permits are issued. This applies to CCW only and not open. Open can still be denied and must show cause.

Synopsis:

Need to carry is removed

"Good moral character" is changed to "suitable person". Which is:
1) No domestic violence incidents recently
2) No recent careless handling or storage of guns
3) No recent incidents of booze or drug abuse
4) no other recent violent conduct.


Unclear about training requirement.

HI is the last AG to reply. CA even replied the very next evening after the SCOTUS ruling.

Suitable Person - if you didn't do any of those, you're suitable.


Training - I would think the Proof of Hunters Ed or Firearms Safety or Training Course fulfills the requirements as there are no others listed in any of the HRS 134-X statutes

And the chiefs can still inquire about your reason to obtain, but they can't do anything about your reasons.
…the chiefs of police may still inquire about an applicant’s reasons for seeking a concealed carry license. The reasons an applicant provides should only be used in reviewing a concealed carry application to the extent relevant to other lawful requirements to obtain a concealed carry license, such as whether the applicant is a “suitable person.” An applicant’s reasons for seeking a concealed carry license should not be used to deny or restrict a license because the applicant purportedly lacks a sufficiently good reason to obtain a license…
I'd rather have a bottle in front of me, than a frontal lobotomy.

changemyoil66

Re: Hawaii's AG response to Bruen
« Reply #12 on: July 11, 2022, 03:58:26 PM »
Chief still saying hes  waiting for legal advice.

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pacwire

Re: Hawaii's AG response to Bruen
« Reply #13 on: July 11, 2022, 04:23:21 PM »
"Chief still saying hes  waiting for legal advice"

Question: Isn't The State AG the "TOP DOG" for the State of Hawaii.

If not, WHO is the Chief waiting for?

Oh Boy!  Here we go!

Hmmmm

Hey wait, isn't this an "election" year?

Gov will be new and so will AG.,,,,

changemyoil66

Re: Hawaii's AG response to Bruen
« Reply #14 on: July 11, 2022, 04:45:43 PM »
"Chief still saying hes  waiting for legal advice"

Question: Isn't The State AG the "TOP DOG" for the State of Hawaii.

If not, WHO is the Chief waiting for?

Oh Boy!  Here we go!

Hmmmm

Hey wait, isn't this an "election" year?

Gov will be new and so will AG.,,,,
He always had the authority to issue. Delaying on purpose.

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Flapp_Jackson

Re: Hawaii's AG response to Bruen
« Reply #15 on: July 11, 2022, 05:40:32 PM »
In my mind, the AG missed the boat on recommending they keep the "reason" part for open (unconcealed) carry.

The Heller decision said individuals have a right to carry outside the home, and we have the right to OPEN CARRY.

The Bruen decision said the state can't require a "good cause" for licensing when applying for a license.

So, if the Constitution protects individual's right to open carry, and it protects against the state applying a "good cause" standard for approval, how can the Hawaii AG say this?
Quote
Assuming this approach to concealed carry licenses, Bruen
does not require any change to the requirements established
under HRS § 134-9 to obtain an unconcealed carry license. An
applicant for an unconcealed carry license must still
“sufficiently indicate[]” that he or she has an “urgency” or
“need” to carry a firearm and is “engaged in the protection of
life and property,” along with any other statutory requirements
that must be satisfied under Hawaiʻi law to obtain an unconcealed
carry license (except for the citizenship requirement as applied
to lawful permanent residents and U.S. nationals2). The
standards that the chiefs of police should apply in considering
applications for unconcealed carry licenses are discussed in
Attorney General Opinion No. 18-1.
Quote

Makes no logical sense to me. If the state wants to ban open carry in public spaces, they can do that as long as concealed carry licensing follows a "shall issue" scheme, which is the result of eliminating the "may issue if the state decides your reason is exceptional" scheme.

Keeping the "reason" requirement for one and not the other is political BS game-playing.  The first time someone wanting to open carry can't, this will be back in the court (Young?).
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

groveler

Re: Hawaii's AG response to Bruen
« Reply #16 on: July 11, 2022, 07:00:32 PM »
In my mind, the AG missed the boat on recommending they keep the "reason" part for open (unconcealed) carry.

The Heller decision said individuals have a right to carry outside the home, and we have the right to OPEN CARRY.

The Bruen decision said the state can't require a "good cause" for licensing when applying for a license.

So, if the Constitution protects individual's right to open carry, and it protects against the state applying a "good cause" standard for approval, how can the Hawaii AG say this?

Makes no logical sense to me. If the state wants to ban open carry in public spaces, they can do that as long as concealed carry licensing follows a "shall issue" scheme, which is the result of eliminating the "may issue if the state decides your reason is exceptional" scheme.

Keeping the "reason" requirement for one and not the other is political BS game-playing.  The first time someone wanting to open carry can't, this will be back in the court (Young?).
Young was remanded to the 9th Circus for a review.
In light of what their bosses just said I doubt the 9th will not
rule in favor of Young.  It is a matter of when the 9th Circus takes it up again.
I think it is all academic at this point.  Issue the ruling,  As slowly as possible.
 :wtf:

nickelzismoney

Re: Hawaii's AG response to Bruen
« Reply #17 on: July 11, 2022, 08:04:25 PM »
https://ag.hawaii.gov/wp-content/uploads/2022/07/Attorney-General-Opinion-22-02.pdf


Finally. But we still have to see if CCW permits are issued. This applies to CCW only and not open. Open can still be denied and must show cause.

Synopsis:

Need to carry is removed

"Good moral character" is changed to "suitable person". Which is:
1) No domestic violence incidents recently
2) No recent careless handling or storage of guns
3) No recent incidents of booze or drug abuse
4) no other recent violent conduct.


Unclear about training requirement.

HI is the last AG to reply. CA even replied the very next evening after the SCOTUS ruling.

Approve my application and issue me my permit, HPD!!!
“No matter how much it hurts, how dark it gets, or how hard you fall… you are never out of the fight.” - Marcus Luttrel

"The world will not be destroyed by those who do evil, but by those who watch them without doing anything." - Albert Einstein

eyeeatingfish

Re: Hawaii's AG response to Bruen
« Reply #18 on: July 11, 2022, 09:24:52 PM »
Interesting read. What really stands out to me is this bit
"The chiefs of police should not deny an application for a concealed carry license, or impose restrictions on a concealed carry license, because an applicant fails to demonstrate a special need or a sufficiently good reason to carry a firearm."

I think once the chiefs get this letter that they should begin to approve permits. Maybe another week or two for their internal legal advisors to give guidance but that can all be done while processing the CCW permit.

changemyoil66

Re: Hawaii's AG response to Bruen
« Reply #19 on: July 11, 2022, 09:39:25 PM »


Interesting read. What really stands out to me is this bit
"The chiefs of police should not deny an application for a concealed carry license, or impose restrictions on a concealed carry license, because an applicant fails to demonstrate a special need or a sufficiently good reason to carry a firearm."

I think once the chiefs get this letter that they should begin to approve permits. Maybe another week or two for their internal legal advisors to give guidance but that can all be done while processing the CCW permit.

There is no internal advisor needed since the chief is immune from liability for approving permits. Its the law.

Sign them now. Simple.

We know chief logan got the letter and read it today. But still "pending" on permits.

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