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?
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.
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?).