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Rhode Island Bar Journal Article

Second Amendment Win in Hawaii

Posted by Keith G. Langer | Aug 06, 2021 | 0 Comments

"Plaintiffs' Motion for Summary Judgment - Court's intent is to grant in whole. Court to issue a written order.

Defendant Clare E. Connors, in her Official Capacity as the Attorney General of the State of Hawaii's Counter Motion for Summary Judgment - Court's intent is to deny in whole. Court to issue a written order.

Defendant requested to delay entry of the judgment for 30-days so that it can determine a course of action. No objection from Plaintiff. The Court directed Counsel to confer and file proposed language to be included in its order by August 6, 2021."

The lawsuit challenged Hawaii's requirements on gun owners, particularly the Honolulu Police Department's registration and gun policies.

Applicants for a firearm permit must appear in person at the central police station on Oahu, meaning the applicant must travel to the police station in Honolulu to apply for a gun permit. The applicant, regardless of where they live on the island, has to return to the station in person 14 days later to pick up the permit. Once the person acquires a firearm; then go back to the station again to register the gun. As anyone who has driven in Hawaii knows, this is a tedious process.

This court has struck down the requirements and given the state 30 days to respond.

https://armupsystem.com/judge-announces-intent-to-strike-down-gun-registration-and-firearms-permit-law/

About the Author

Keith G. Langer

Keith G. Langer, Attorney at Law SERVING NORFOLK COUNTY, MA, AND SURROUNDING AREAS Solo practitioner concentrating in civil litigation, collections, family law and administrative law, particularly firearms licensing.Professional Qualifications: One of the longest-serving member of the Firear...

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Your Time May Be Limited!

If you are a defendant in a civil suit, you have a specific period of time in which to file an answer. Failure to do so can result in a default judgment being issued against you. Failure to timely submit responses to discovery requests can also negatively affect your case. Those named as defendants in criminal cases via clerk magistrate or “show cause” hearings must appear, or the complaint will issue against them. Those seeking to appeal a negative action, such as a firearms license denial or revocation, denial of a permit, or losing a case at trial, all have specific time periods in which to act. Do not lose your rights by inertia or delay.

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The law is an area in which inertia can have very negative consequences: The loss of rights and remedies. It is unlikely that your problem will just “go away” - act now to protect yourself and preserve your options.