Current Federal Injunction on Limitations on Honolulu Concealed Carry Locations (Read 2268 times)

SonRunner

Anyone know the current status on limitations on Honolulu Concealed Carry locations, that is, specifically, after US Federal Judge Leslie Kobayashi's injunction/temporary restraining order (TRO)?  Just before this Federal injunction/TRO, there was a Defacto ban, in that only public streets and sidewalks were authorized locations.  If I recall correctly, you could lock up your approved pistol in your vehicle in sensitive areas, but not on any private property.  But now, post federal injunction/TFO, where are we allowed to carry and/or lockup our pistol in our vehicle? 

https://www.2alc.org/hawaii/sample-hawaii-post-zpy8m ... "Yesterday (August 8, 2023), a United State District Court Judge granted the plaintiffs’ request for a restraining order blocking most of Hawaii’s law. So, Hawaii’s ban on carrying in parks, beaches, places that serve alcohol, banks, certain parking lots, and private property held open to the public (except by invitation) is blocked from taking effect—for now.  "  What "certain parking lots" are we allowed and not allowed to carry in or store our firearm in?


https://www.courthousenews.com/hawaii-cannot-prevent-gun-owners-from-carrying-in-many-public-areas-for-now/

https://thereload.com/federal-judge-blocks-enforcement-of-hawaii-gun-free-zones/

« Last Edit: August 18, 2024, 06:23:09 PM by SonRunner »

zippz

No change since the TRO.  Just waiting to see what the 9th circuit says in a few months.

Parking lots that only serve a government office is currently banned.

Parking lots that are shared with another purpose is okay.  Like a mall with a post office inside.  Or park with a park management office.

SonRunner

Thank you for your very helpful reply.  So what about these?  Are bans still intact for these?
(1)  Schools?
(2)  Specifically, UH sporting events?
(3)  Niel Blaisdell Center
(4)  Churches (which appears to be private property/businesses that are open to the public?
(5)  Hospitals?
(6)  Public transportation like bus and rail.

zippz

Thank you for your very helpful reply.  So what about these?  Are bans still intact for these?
(1)  Schools? Ban
(2)  Specifically, UH sporting events? Ban
(3)  Niel Blaisdell Center Ban
(4)  Churches (which appears to be private property/businesses that are open to the public?) No ban, except I'm not sure if Big Islands ban is affected by the TRO.
(5)  Hospitals?  Ban
(6)  Public transportation like bus and rail.  Ban
.

Basically if it's banned under state law and not listed on the TRO, it's banned

changemyoil66

Thank you for your very helpful reply.  So what about these?  Are bans still intact for these?
(1)  Schools?
(2)  Specifically, UH sporting events?
(3)  Niel Blaisdell Center
(4)  Churches (which appears to be private property/businesses that are open to the public?
(5)  Hospitals?
(6)  Public transportation like bus and rail.

1) Schools are also federally banned.
2) Depends where the sporting event is. If its on UH campus, that falls under HI's ban.
3) Neil Blaisdell is owned/operated buy the C&C, so it's a C&C building, so ban unless there's a gun show.
4) Churches are OK, unless the church is on a school campus.  Example: New Hope years ago was at Farrington High School auditorium. IDK if it still is, but this is an example of a ban.
5) Hospitals are all banned.
6) Public transport is all banned.
« Last Edit: August 21, 2024, 11:32:31 AM by changemyoil66 »

SonRunner

Thank you very much your responses.

With regards to schools, are we allowed to lock the gun up either immediately after parking on campus, or right before driving on campus, like through the parking lot to pick-up our kids?  For example, right before getting on campus, removing the gun from your person (i.e., holster) placing it in your vehicle-secured gun lock box, and then drive onto campus?  Or maybe right after parking on campus, removing the gun from your person (i.e., holster) and then locking the gun up in your car?  I thought there was some language in the Hawaii Law or Honolulu Ordinance that allowed for us to lock-up guns in the parking lots of certain prohibited places.  How does the federal ban address this?

zippz

Thank you very much your responses.

With regards to schools, are we allowed to lock the gun up either immediately after parking on campus, or right before driving on campus, like through the parking lot to pick-up our kids?  For example, right before getting on campus, removing the gun from your person (i.e., holster) placing it in your vehicle-secured gun lock box, and then drive onto campus?  Or maybe right after parking on campus, removing the gun from your person (i.e., holster) and then locking the gun up in your car?  I thought there was some language in the Hawaii Law or Honolulu Ordinance that allowed for us to lock-up guns in the parking lots of certain prohibited places.  How does the federal ban address this?

If you're just picking up a kid from the curb without getting out of the car and leaving, just keep the gun on you.

If you have to park and leave the car at the school, if you can do it discreetly just secure your gun in the parking lot.  If people can see you locking up your gun, then I recommend  do it outside of the school where no one can see you.
« Last Edit: August 21, 2024, 03:42:19 PM by zippz »

changemyoil66

Thank you very much your responses.

With regards to schools, are we allowed to lock the gun up either immediately after parking on campus, or right before driving on campus, like through the parking lot to pick-up our kids?  For example, right before getting on campus, removing the gun from your person (i.e., holster) placing it in your vehicle-secured gun lock box, and then drive onto campus?  Or maybe right after parking on campus, removing the gun from your person (i.e., holster) and then locking the gun up in your car?  I thought there was some language in the Hawaii Law or Honolulu Ordinance that allowed for us to lock-up guns in the parking lots of certain prohibited places.  How does the federal ban address this?

Federal law states you can lock your gun up in the car.

"(A)It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
(B)Subparagraph (A) does not apply to the possession of a firearm—
(i)on private property not part of school grounds;
(ii)if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;
(iii)that is—
(I)not loaded; and
(II)in a locked container, or a locked firearms rack that is on a motor vehicle;"

I read it as you have to unload and lock before you enter school grounds.  So pull over and do so.
« Last Edit: August 21, 2024, 11:51:36 AM by changemyoil66 »

zippz

Federal law states you can lock your gun up in the car.

"(A)It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
(B)Subparagraph (A) does not apply to the possession of a firearm—
(i)on private property not part of school grounds;
(ii)if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;
(iii)that is—
(I)not loaded; and
(II)in a locked container, or a locked firearms rack that is on a motor vehicle;"

I read it as you have to unload and lock before you enter school grounds.  So pull over and do so.

Not if you have a license.

changemyoil66

Not if you have a license.

Hawaii's sensitive places law/ordinance closed that loop hole.  So federally, you can, but state law cannot.

SonRunner

Of course, within the context of having a valid Hawaii concealed carry permit ....

So according to Federal Law you may unload and lock your gun up in your vehicle, before you enter school grounds?

But under Hawaii State Law/Honolulu Ordinance, you may not dive onto school grounds, even if you unload and locked up your gun in your vehicle beforehand?

changemyoil66

Of course, within the context of having a valid Hawaii concealed carry permit ....

So according to Federal Law you may unload and lock your gun up in your vehicle, before you enter school grounds?

But under Hawaii State Law/Honolulu Ordinance, you may not dive onto school grounds, even if you unload and locked up your gun in your vehicle beforehand?

According to Federal law, you HAVE to unload and lock your gun up.  "May" isn't an option.

The next part is the confusing one. HRS134-9.3 applies to CCW holders as you can be in a sensitive place parking lot and lock your gun in your car.  This part isn't in the exceptions of the sensitive places portion  like how LEOSA are exempt and stuff, but in section 9.3, that still falls under the CCW section.  I think this would mean if you don't have a CCW, then you cannot lock your gun in your car and the "places to keep" law applies.

Either way, this would mean you have to unload and lock before entering the lot because once you park and say "disarm" yourself, you are no longer CCWing, but now the gun isn't concealed anymore.

The more I read the law, the more confusing it gets. Maybe someone else can chime in?