New Legal Challenge Against Hawaii’s Gun Ownership Restrictions for Young Adults
Overview of the Lawsuit
A recent legal challenge has emerged regarding Hawaii’s firearm regulations, specifically targeting the state’s prohibition on gun ownership for individuals aged 18 to 20. Advocates for the Second Amendment argue that this blanket ban is an infringement on citizens’ constitutional right to bear arms.
The lawsuit, filed in U.S. District Court in Honolulu, involves 19-year-old Elijah Pinales and 17-year-old Juda Roache, who is about to turn 18. They express a desire to possess firearms for personal protection.
Nature of the Challenge
According to their legal representatives, Hawaii is unique in implementing a total ban on the acquisition and ownership of firearms and ammunition by individuals aged 18 to 20. Some other states permit 18-year-olds to obtain long guns or allow private sales of handguns, noted Alan Beck, one of the attorneys involved in the case, who has previously contested other aspects of Hawaii’s gun laws.
The lawsuit mentions that Roache’s mother wishes to provide him with a firearm and ammunition for personal protection.
Federal Laws and Comparisons to Other States
Under current federal regulations, a person must be 21 years old to buy a handgun from a licensed dealer and at least 18 to acquire a long gun. For private sales, individuals as young as 18 can purchase handguns, and there are no minimum age restrictions for long guns.
In contrast, states like New York and Illinois have extensive laws restricting firearms possession for individuals under 21. David Pucino, the legal director for the Giffords Law Center to Prevent Gun Violence, highlighted that while Hawaii’s restrictive firearm laws contribute to low gun death rates, they are often critiqued by extremists challenging these regulations.
The Impact of Firearms on Young People
Research from Everytown for Gun Safety indicates that firearms rank as the leading cause of death among young adults aged 18 to 20. Over the last decade, the firearm suicide rate in this demographic has surged by 41%, and individuals in this age group are responsible for gun homicides at three times the rate of those aged 21 and older.
The office of the Hawaii attorney general has not yet received notification regarding this lawsuit and refrained from providing comments on the matter.
Legal Arguments Presented
The lawsuit argues that adults aged 18 to 20 are integral members of society, possessing the right to vote and serve in the military. “There can be no real argument that adults under 21 are not part of the national community,” it states, emphasizing their status as full members of society.
This legal challenge seeks an injunction to halt the enforcement of the gun ownership ban for young adults, representative of a larger context where Hawaii grapples with the implications of the 2022 U.S. Supreme Court ruling that recognized an individual’s right to carry firearms in public for self-defense.
Historical Context and Gun Ownership Ban
The lawsuit contends that historical tradition does not support prohibiting firearm purchases and ownership for individuals under 21. It references notable historical figures like Aaron Burr and James Monroe, who enlisted in military service at ages 18 and 19, respectively, and carried their arms.
Hawaii’s restriction on gun ownership for young adults traces back to 1994, with the state reinforcing this position in 2023 by additionally banning ammunition possession for this age group.
Among the plaintiffs in this case are Danger Close Tactical, located in Honolulu, and JGB Arms on Kauai, both federally licensed firearms dealers seeking to service younger customers. Additionally, the Second Amendment Foundation, a nonprofit organization based in Bellevue, Washington, has also joined the lawsuit.