Hawaii Concealed Carry --  Permit Initiative

“A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.” This quote of the Second Amendment, until recent times, had little meaning to many states within the United States. That is until a legal case, challenging the handgun ban in the District of Columbia, was brought to the Supreme Court of the United States.

In 2008, the Supreme Court of the United States ruled in Heller v. District of Columbia that the possession of a firearm, for the purpose of self-defense, was an individual right found within the Second Amendment to the U.S. constitution. Following Heller, on June 28th, 2010, the Supreme Court decided on another case which challenged the Chicago gun ban; this ban was also ruled unconstitutional, and the decision affirmed that the Second Amendment applies to the states through the Fourteenth Amendment. The right to keep and bear arms was also determined to be a fundamental constitutional right, putting it on par with the freedom of speech and religion. Therefore, citizens of our state should be authorized to exercise this right, safely and responsibly in all non-sensitive places.

The City and County of Honolulu have consistently restricted and continue to burden the right to keep and bear arms, especially in non-sensitive public places. For a timeline exceeding fifteen years, no citizen has been allowed to carry a firearm to defend themselves or their family. Many citizens have fallen victim to this violation of their constitutional rights, some paying the ultimate price.

Additionally, many believe that Hawaii businesses are afforded more protection than most citizens. By carrying a loaded and openly displayed firearm, many banks and other business are authorized to protect their assets out in public. These assets are commonly serialized and documented ensuring that they can be replaced and tracked. Most of the time these assets are also insured by either government agencies or private companies -- protecting the company from any real loss; yet they are still authorized to carry weapons, because it deters criminals. Your children and family, however, are not serialized; your children and family are not insured by the government, nor can your child, family member, or friend be replaced.

Lastly, in an effort to change these broken laws, a local group, Hawaii Concealed Carry, was formed in 2010 to promote the safe and responsible bearing of firearms, for the purpose of self-defense. They are based on Oahu, and are working to assist all Hawaiian islands in the restoration and exercise of their fundamental right to keep and bear arms. Hawaii residents are encouraged to exercise their fundamental right by applying to their local City and County Police departments for a permit to carry a firearm, openly or concealed, for the purpose of protecting yourself and your family
Information on applying for your Hawaii concealed or open carry permit can be found at www.hawaiiccw.com.

Aloha,
Christopher Baker
www.hawaiiccw.com

Downloads available here: http://hawaiiccw.com/wp-content/uploads/2010/11/CCW-Request-Guide.pdf

Please keep this thread on topic. Related to the actual permit initiative. (Questions, concerns, assistance applying etc).  I don't enjoy seeing arguments among supporters and those whose mind is not clouded with the anti-gun propaganda.  We don't need that; it's just not beneficial. I ask we allow people to support how they can, where they can.  I will say however, if you are doing nothing (like zero..), it's a injustice to every citizen in this state and to those who dedicate their time to various causes across the nation.

My denial letter came in the mail yesterday, 1 day short of the 4 week mark. Here are the 2 key points:

You have not sufficiently demonstrated that there is an urgent threat to life or property that the police cannot address.

If you or any of those around you are placed in danger of bodily injury by word or deed, the police department should be contacted immediately so that proper action may be initiated.

It's good to know that the police in Hawaii have a teleport machine that allows them to respond IMMEDIATELY to any threat against me or mine, ANYWHERE. 

- Alex

I am curious... can one use fear of theft as "good cause"? Someone I am talking with for house sitting/renovation work says that theft is a big problem in Puna. 

So would fear of my firearm ending up stolen and in the hands of criminals be something that may let the police grant you a CCW? 

I am curious... can one use fear of theft as "good cause"? Someone I am talking with for house sitting/renovation work says that theft is a big problem in Puna. 

So would fear of my firearm ending up stolen and in the hands of criminals be something that may let the police grant you a CCW?

Theft of property is not viable justification for deadly-force, now, if someone was committing burglary against you -- that would probably be a different story.

Sorry, double post...

My denial letter came in the mail yesterday, 1 day short of the 4 week mark. Here are the 2 key points:

Quote

You have not sufficiently demonstrated that there is an urgent threat to life or property that the police cannot address.

Quote

If you or any of those around you are placed in danger of bodily injury by word or deed, the police department should be contacted immediately so that proper action may be initiated.

It's good to know that the police in Hawaii have a teleport machine that allows them to respond IMMEDIATELY to any threat against me or mine, ANYWHERE. 

- Alex

WOWWWW !!!  Hey can you get a bunch of the hand held push button transponders they must be issuing to us lowly citizens ??  That will be awesome to have the police appear instantly between you and the scumbag as he is pointing the gun at you or your family and about to pull the trigger !!          It really escapes me as to how we can be entrusted to carry a machine gun and a pistol, receive more training than HPD ever thought of, then sent off to face people who want to kill you every day of your life, but we can't be trusted with a concealed pistol as a means of self defense here at home... 
[/quote]

Funtimes.. Please tell me what I can do to help out.. Im on the Big Island, and I will also be applying for a CCW when I get home from this tour.. I know it will be denied, but let me know if there is anything else I can do to help the cause...  Sorry for the double post !!

My denial letter came in the mail yesterday, 1 day short of the 4 week mark. Here are the 2 key points:

Quote

You have not sufficiently demonstrated that there is an urgent threat to life or property that the police cannot address.

Quote

If you or any of those around you are placed in danger of bodily injury by word or deed, the police department should be contacted immediately so that proper action may be initiated.

It's good to know that the police in Hawaii have a teleport machine that allows them to respond IMMEDIATELY to any threat against me or mine, ANYWHERE. 

- Alex

Wow. That is an excellent line of their response for our cause. The 2nd line is just an opinion/suggestion/empty words; but the first line is GREAT. Their reason for denying your legally undeniable American right of self-defense, is that they believe that your right is theirs first, though SC says otherwise. WOW this is great. I can't wait to get my copy-pasted denial letter in hand.

I sent off my letter to Mayor Carlisle today in response to my permit denial. Once I have received confirmation that it has been delivered I'll post the letter's contents here.

- Alex

As the saying goes..

"When the balance of life and death is a matter of seconds, the police are only minutes away."

Well as mentioned in the other thread I did pick up my application for a CCW permit. Now begins the work...

*Find out exactly what the requirements are for the pistol proficiency test required.
*Type a letter that justifies why I need a CCW.

I have several examples where I feel like I could justify the need for one but need opinions. I'll post them later after work.

Vlad,

   Feel free to PM both Funtimes and myself for help with your application.

- Alex

I just turned in my CCW permit today....  It is called the City and County of Honolulu Metropolitan Police Application.  At first i was fustrated by the strict gun laws in Hawaii, but hell it is what it is, plus i always wanted to be a police officer.     Good luck to all of you!!!!!!!!!!!!!!!

I'm confused...the name of the concealed firearm permit is the Metro Police Application? Or did you apply to be a police officer? 

- Alex

both

I think it's interesting that our state is so anti-gun, yet our state constitution actually HAS a verbatim RKBA in it.
I speculate that many other states with less brutal gun laws, did not explicitly incorporate one.
could current interpretation of the wording of the rkba be something to push for honolulu city and county?

I don't think it matters one way or the other. The only thing that I could potentially see it benefiting is that a judge who actually has a brain wouldn't have his or her hands tied at the state level (read: enforcing the current laws and not legislating from the bench). Not that I could ever see that happening here in Hawaii, but the possibility is technically there.

This is one reason why my letter to Mayor Carlisle (which I'll be posting up tomorrow a.m.) explicitly asked him to reconsider my request for concealed OR open carry.

- Alex

I received delivery confirmation that my letter to Mayor Carlisle has been received. As promised:

Mayor Peter B. Carlisle
City and County of Honolulu
530 S. King St.
Honolulu, HI 96813

Dear Mayor Carlisle:
I am writing this letter in response to the denial of my application for a license to carry a firearm. I have included copies of the narrative portion of my application and my denial letter from Chief of Police Louis M. Kealoha.

I have read Chapter 134 of the Hawaii Revised Statutes and am well aware that the current “may issue” system in place requires the citizens of Hawaii to demonstrate an “urgent threat,” to be considered for a license to carry a firearm and ammunition on their person. However, the United States Supreme Court, in District of Columbia v. Heller (2008), ruled that the Second Amendment protects “the individual right to possess and carry weapons in case of confrontation.” In addition, in McDonald v. Chicago (2010), the Supreme Court found that the Second Amendment is a “fundamental civil right.” By requiring a “good cause” statement, the State of Hawaii only allows this fundamental right to be exercised by those who can distinguish themselves from the general public; this hardly sounds fundamental. By denying my request to carry a firearm for the purpose of self defense, Chief of Police Kealoha, the City and County of Honolulu, and the State of Hawaii have all violated my Second Amendment right as set forth above.

Moreover, Chief Kealoha stated in his letter that if I, or anyone around me, is placed in danger, I should contact the police immediately so that “proper action may be initiated.” The sad fact of the world that we live in today is that when seconds count, the police are minutes away. According to the Honolulu Police Department (HPD) Annual Report 2009, the average response time to Priority 1 Calls by the HPD is 5.96 minutes. Conversely, the average violent encounter is over in less than one minute. This begs the question, what “proper action” is Chief Kealoha referring to in his letter? The statistics are quite clear: it is highly unlikely, nearly impossible in fact, that the HPD will be able to respond to a report of a violent crime in time to prevent serious bodily injury or death. Neither you nor Chief Kealoha can guarantee my safety or a timely response by the police force if I am faced with a violent encounter. As such, I am left to my own recognizance to protect myself. Furthermore, in Warren v. District of Columbia (1981), the D.C. Court of Appeals ruled that “official police personnel and the government employing them are not generally liable to victims of criminal acts for failure to provide adequate police protection . . . a government and its agents are under no general duty to provide public services, such as police protection, to any particular citizen.” Therefore, by denying my right to carry a firearm for self defense, Chief of Police Kealoha, the City and County of Honolulu, and the State of Hawaii have effectively thrown me to the wolves without a way to defend myself or legal recourse-should I manage to survive the encounter.

In light of the above facts, I am requesting that you review my application for a license to carry a firearm, either concealed or carried openly, for the purpose of self defense, and reconsider my denial. I am requesting a formal written response to this correspondence be sent to the address listed above. I can be contacted for further information at *phone number omitted*.

Sincerely,

Alex Europa

- Alex

Good letter Alex!

OK, so I got my response...too bad it was from Chief Kealoha, AGAIN. What an absolute joke this government is: I'm pretty sure the way that the rest of the world does business is if you have a problem, you take it up with their supervisor; if they can't fix your problem, then you go up some more...all the way up until you've reached the top or you get resolution that you are happy with. I wish someone could explain to me why I would expect the man who denied my permit to magically change his mind. Of course he's going to say no again...that's why I requested that Mayor Carlisle reviewed it. Not that expected him to approve it, but it would be nice if he would be man enough to say no himself. Anyways, enough ranting, here is Chief Kealoha's response:

Dear Mr. Europa:

Mayor Peter Carlisle has asked me to respond to your letter of December 10, 2010, requesting a review of your application for a license to carry a firearm.

Pursuant to Chapter 134 of the Hawaii Revised Statutes, the Chief of Police of the appropriate county has been given the authority to issue such licenses. Therefore, we have conducted another review of your application, and our decision to deny your request has been reaffirmed.

Should you have any questions regarding this matter, please call Officer Glen Yagyagan of our Records and Identification Division at xxx-xxxx.

                                                                                                                      Sincerely,
                                                                                                                      Louis M. Kealoha
                                                                                                                      Chief of Police

cc: Mayor Peter B. Carlisle

Interesting response. What is particularly interesting to me is that the City and County of Honolulu has officially denied me the right to bear arms either openly or concealed. This flies directly in the face of both the United States and Hawaii State Constitutions. To quote from the US Supreme Court's 2008 Heller Decision, ""Putting all of these textual elements together, we find that they guarantee the individual right to possess and carry weapons in case of confrontation."

OK, my next letter will be going out on Monday to the Hawaii Attorney General. Not that I hold very much hope of AG Suzuki overturning the decision, their website does say, "The Attorney General also represents the State and its citizens in affirmative actions seeking to protect the rights and interests of the people of Hawaii."

Please feel free to comment or add any thoughts that you would like to see added to the letter.

- Alex