A federal appeals court has upheld two Hawaii firearm laws that had previously been struck down, ruling that the state’s 30-day handgun acquisition permit deadline and its firearm inspection requirement do not violate the Second Amendment.
The full Ninth Circuit Court of Appeals issued the en banc decision Tuesday on a 6-5 vote, reversing a lower federal court injunction that had blocked the requirements.
Under Hawaii law, a permit to acquire a handgun becomes void if not used within 30 days. The state also requires certain newly acquired firearms to be brought to a police station for inspection. That inspection requirement applies to three categories of handguns: those without serial numbers, those brought into Hawaii from out of state, and those transferred between private individuals. The inspection law stems from HB2075 (Act 030), signed in 2022, which restored a provision that had earlier been struck down by a federal court.
A district court had previously declared both the permit deadline and the inspection requirement unconstitutional.
How the majority ruled
The majority found that a footnote in the Supreme Court’s 2022 Bruen decision — footnote 9 — makes objective, non-abusive licensing requirements presumptively constitutional. The majority concluded Hawaii’s permit deadline and inspection rule impose only modest procedural burdens and do not materially interfere with a person’s ability to acquire a firearm.
The dissent
Five judges dissented, in an opinion authored by Judge Ryan Nelson. The dissent argued that Bruen’s footnote 9 concerns licensing for public carry, not the acquisition of firearms, and does not relieve Hawaii of its obligation to show the restrictions are consistent with the nation’s historical tradition of firearm regulation.
As of this writing, the plaintiffs and their attorneys have not publicly commented on the ruling.
Hawaii also requires prospective gun buyers to complete a training course and obtain a license before purchasing a firearm. Whether Tuesday’s ruling will be appealed to the U.S. Supreme Court remains to be seen.
