"Hawaii County Sued Over Unconstitutional Firearm Permit Denial
Honolulu, HI – August 7, 2024 –
Attorneys Kevin Gerard O’Grady and Alan Alexander Beck have filed a lawsuit on behalf of Roy Thompson against Hawaii County in the United States District Court for the District of Hawaii. The lawsuit challenges the constitutionality of Hawaii County's practices regarding the issuance of Permits to Acquire (PTA) firearms.
Roy Thompson, a resident of Hawaii County and a veteran of the Hawaii National Guard, is the plaintiff in this case. Despite legally owning firearms and having no disqualifying conditions under state or federal law, Mr. Thompson's application for a PTA was denied by Hawaii County on July 16, 2024. The denial was based on his affirmative answer to a question regarding medical treatment for a condition on the statewide PTA application.
The lawsuit argues that the denial of Mr. Thompson's PTA violates his Second Amendment rights, as protected by the U.S. Constitution and reinforced by the Supreme Court's decision in New York State Rifle & Pistol Ass'n, Inc. v. Bruen (2022). The complaint highlights that Hawaii County’s use of discretion in denying PTA applications, based on criteria that are not constitutionally grounded, creates an undue burden on citizens attempting to exercise their right to bear arms.
Additionally, the lawsuit points out that Hawaii County’s policy relies on outdated state laws, further complicating and unlawfully restricting the right to firearm ownership. Hawaii County uses language and cites a law that has previously been challenged in federal court and was replaced by the state legislator more than eight months ago.
This action seeks declaratory and injunctive relief to prevent the County from enforcing these unconstitutional practices and demands the immediate issuance of Mr. Thompson’s PTA.
Key Facts:
·The plaintiff, Roy Thompson, is a lawful firearm owner and veteran diagnosed with anxiety resulting from his service.
·Hawaii County denied Mr. Thompson's PTA application solely based on his affirmative answer to a question regarding treatment for a behavioral or psychological condition, despite state law changes that no longer support such denials.
·The lawsuit challenges the constitutionality of the County's practices, citing violations of the Second Amendment and Due Process under the Fourteenth Amendment.
·The lawsuit seeks declaratory and injunctive relief, aiming to compel Hawaii County to issue the PTA and halt any punitive actions against Mr. Thompson related to firearm ownership.
The attorneys representing Mr. Thompson are committed to defending constitutional rights and ensuring that Hawaii County complies with established legal precedents. They call upon the court to act swiftly to restore Mr. Thompson’s rights and set a precedent that protects the rights of all Hawaii residents."

Update:

Thompson got to keep his guns as the letter sent to him has been rescinded.  Another loss for HI/Big Island.

So, other with similar cases will be good to go? Or will each have to suit when they are denied?

So, other with similar cases will be good to go? Or will each have to suit when they are denied?

Each need to file suit if denied. The hope is that Big Island PD learns their lesson and abides by the law.

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Another win for us. Still undefeated.


Post from Alan Beck

"Today, I along with my co-counsel Kevin O'Grady won another lawsuit. The County of Hawaii (Big Island) was prohibiting anyone who has ever received mental health counseling from owning a gun unless they received a medical clearance saying they are fit to own a gun. Problem is most doctors will not sign that form due to liability reasons. That includes all the major HMOs and the Veterans Affairs hospital. That means a person treated through one of those organizations has to go out of plan to get a medical clearance.  The issue with that is there are no doctors at all that I am aware of on the Big Island that will sign the medical clearance for a person whom they are not actively treating.
 
That means many people in practice are permanently disarmed simply for receiving standard counseling. My client is a veteran who receives treatment at the VA. He has PTSD which manifests as occasional insomnia without any other major symptoms. He owns firearms from before this policy went into effect. He tried to purchase a new firearm and was flagged due to counseling he has received at the VA.  He received a letter which said he had get a medical clearance or turn in any guns he owns within 30 days or the police would come get them and he could be charged with a crime.  He asked the VA for a medical clearance and his doctor there refused but made clear that the refusal had nothing to do with my client.  The VA just never signs the medical clearance as a matter of policy. My client tried to look for another doctor on the Big Island and could not find any doctor willing to sign a medical clearance. At this point he only had a couple weeks before the police showed up to seize his guns.  He got a hold of me and we filed a complaint and TRO. 
 
Today, the County of Hawaii agreed to a court enforceable stipulation which says it will no require medical clearance for anyone unless their medical treatment indicates that they would be a danger to themselves or others. As a practical matter, this stipulation has restore the Second Amendment rights of many people living in the County of Hawaii who have received standard counseling for everyday issues such as marriage counseling, insomnia, the loss of a loved one. I am proud of the work we did in this lawsuit and for being able to restore many people's Second Amendment rights. Linked to below is a copy of the stipulation the Court signed today."

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Awesome win.

What bearing does this have on veterans impacted by similar discrimination in other counties, particularly C&C of Honolulu?

Awesome win.

What bearing does this have on veterans impacted by similar discrimination in other counties, particularly C&C of Honolulu?

Another lawsuit

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