Congress could also intervene. This law is designed to nullify the right to carry arms in public that Bruen recognized. I think Congress would be well within its powers to regulate public carry in Hawaii (and California, Maryland, and New York) under § 5 of the 14th Amendment. 3/3
firearmslaw.duke.edu/2022/12/pret...
The plaintiffs have a reasonable chance at Supreme Court review. A clear circuit split exists on this issue. Hawaii's law effectively bans public carry throughout the state. Hawaii's law is also pretextual and serves no legitimate governmental interest. 2/3
cdn.ca9.uscourts.gov/datastore/op...
The Ninth Circuit refused to rehear its decision upholding Hawaii's ban on carrying firearms on private property by those with firearm licenses (and only those with firearm licenses). For now, Hawaii has defied Bruen successfully. 1/3
Also note that, contrary to the Warren-Blumenthal letter, the Constitution vests state legislatures, not governors, with primary authority to request federal assistance.
But the federal government can defend federal law without relying on state law enforcement. See 10 U.S.C. § 252. Making federal enforcement subservient to state governments undermines the paramount authority of federal law. Imagine if that had been the policy during Jim Crow. 2/3
nbcnews.com/politics/nat...
This proposal would dangerously intermix two legal authorities. Under the Constitution, the federal government cannot use force to protect a state against domestic violence without the state's request. See U.S. Const. art. IV, § 4; 10 U.S.C. § 251. 1/3
With President Biden's pardon of his son, Hunter regains his rights to possess and carry a firearm. President Biden could have pardoned him without restoring his gun rights. See 18 U.S.C. § 921(a)(20).