What’s the Law: Federal Court Cases

What’s the Law?

Federal Court Cases Update

QUESTION: What is the status of the Hawaii conceal carry case now in the federal court system? Word out that the federal courts also ruled on a gun store case.

ANSWER: As we all should remember, in Peruta v. Country of San Diego (Hawaii’s Baker v. Kealoha case is tied to it), a three-judge panel ruled (2-1) in favor of concealed carry back in 2014. The time for appeal ended, and it appeared the conceal carry controversy was won. However, one of the 9th Circuit judges pulled it out of the fire and got it before the 9th Circuit en banc panel of 11 judges for re-hearing. Note the State of Hawaii filed an amicus curiae brief opposing conceal carry. Arguments were completed on June 16, 2015. Almost a year since, and a decision is still pending. As of this writing, Peruta and Baker cases on conceal carry have not been resolved.

Meantime, another 9th Circuit three-judge panel ruled (2-1 concurred and dissented in part) in Teixeira v. County of Alameda that restrictions on gun shops violate the 2nd Amendment. Essentially, the right to own a gun also includes the right to buy one at a gun shop that isn’t subject to unreasonable zoning restrictions. This is an important ruling since a host of gun laws are being enacted that “recognize” gun ownership but renders it as hard as possible to exercise. Banning lead, closing gun ranges, banning hunting, banning guns at homes near schools, mandatory insurance, annual inspections are just a few samples of how your gun rights are subject to unreasonable restrictions.

Interesting to see if Teixeria will go to a 9th Circuit en banc session for re-hearing. Here is the link to the full text of Teixeira: http://www.hoffmang.com/firearms/teixeira/Teixiera-v-Alameda-2016-05- 16.pdf.

The judges in the Teixeira case were O’Scannlain, Bea, and Silverman. Well to note that Reagan appointee Judge O’Scannlain was also on the Peruta panel and wrote both pro gun opinions.

© 2016, Hawaii Historic Arms Association. All rights reserved. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to the Hawaii Historic Arms Association with appropriate and specific direction to the original content.