Testimony submitted regarding amendment of Chapter 15 of the Rules of the Chief of Police, HPD, entitled “Firearms Permits and Licenses.” §§15-12 – 15-28 (last amended in Nov. 2022), and add new rules (§§15-29 to 15-31) to comply with Act 52 (2023). Implement Act 52 as to the application process, background checks, renewal process, fees, and forms for licenses to carry, permits to acquire, and registration of firearms;
“To conquer a nation, first disarm its citizens.” ― Adolf Hitler
These unreasonable and overly stringent firearms restrictions on Hawaii’s law-abiding citizens rights are clearly an infringement of guaranteed 2nd Amendment rights which are protected from government infringement and overreach by the Bill of Rights. The BOR was written to clarify the concept that government works for its citizens, not the other way around.
Some argue that the second amendment is no longer relevant or that it was written only for outdated militias. The most valid arguments against this are from two people who actually wrote the Constitution. “The Constitution be never construed to authorize Congress to infringe the just liberty of the press, or the rights of conscience; or to prevent the people of the United States who are peaceable citizens, from keeping their own arms.” - Samuel Adams. Thomas Jefferson wrote, ”The constitutions of most of our States assert that all power is inherent in the people; that... it is their right and duty to be at all times armed.” The author’s intentions could not be clearer.
But, setting these indisputable constitutional facts aside, the matter is simple. Does anyone – ANYONE honestly believe that criminals will abide by any of these past, present, or additional future restrictions that are being proposed? Of course not.
Then, who will be affected? It is exclusively law-abiding citizens who have the guaranteed right to equal means of self-protection, protection of their families, and the protection of their property from those outlaws who are illegally and effortlessly armed. Will these new proposals make it even more difficult for law-abiding citizens to obtain firearms for self-protection or hunting? Of course they will.
Are criminals careful to avoid having firearms in “sensitive places”? Has any convicted felon ever registered their firearms at police headquarters, waited for weeks, taken a gun safety course, applied for a permit to acquire, completed a test of any kind, filled out eleven pages of forms, been mentally approved by a doctor, paid fees, or been certified by any governmental entity to buy or possess a firearm? Of course not. Criminals will continue to successfully do what they have always done – buy their guns instantly from other criminals. No legislation, rules, or laws will stop or even restrict that. Never has, never will.
It is not possible for the police to protect all of us from gun-wielding repeat outlaws, the insane, or judgement impaired drug addicts. By the time police can respond, the harm is completed, leaving police with the function of filling out paperwork after the crime. That is not good enough. That is not acceptable. That is not constitutional. But, moreover, it is not fair to law-abiding citizens. As the cliche states, “Criminals prefer unarmed victims.” So true!
What then is the solution to crimes committed by felons with firearms, other than more “gun control”? Rather than attempting to restrict good citizens’ rights, or blame inanimate objects which cannot commit a crime, then permanently jail felons who use firearms to commit their crimes. It is criminals who commit crimes – NOT firearms, and NOT law-abiding citizens. Again, simple common sense must prevail.
Testimony submitted by Robert W. Hochstein