Hawaii has an unbelievably restrictive statutory scheme developed to crush
and bury the Second Amendment. There have been two open carry license
ever granted, that the Attorney General knows of. The United States Court
of Appeals for the Ninth Circuit recently struck down Hawaii’s statute
as it pertains to open carry. Hawaii has sought rehearing from the entire
Ninth Circuit. In the interim, the A.G. has issued a legal opinion setting
out an argument that the requirements are not as severe as the Ninth Circuit
said. If you believe you meet some of these criteria and want to seek
an open-carry permit, you should immediately contact my law office. The
A.G.’s criteria, that are particular to the individual, are illustrated
by certain examples- A person who has suffered serious domestic abuse
from a former partner who has violated previous protective orders; A victim
of stalking who has received credible threats of death or serious bodily
harm from his or her stalker; A political activist who has received credible
threats of death or serious bodily harm due to his or her political activity;
A witness to a crime who has received credible threats, or is testifying
against an organization known to use violence to intimidate witnesses;
A person who faces heightened risk of attack or violence due to his or
her profession, such as a private security officer, a psychiatrist or
physician with an obsessive or threatening patient, an attorney with a
former client or opposing party who has made credible threats of death
or serious bodily harm, a business owner with a violent former employee
who has made credible threats of death or serious bodily harm, an entertainer
with an obsessive fan who has made credible threats of death or serious
bodily harm and engaged in stalking; or a person who faces a high risk
of armed robbery because his or her job requires stocking ATMs or otherwise
transporting large quantities of cash. The A.G. restated the criteria
already in the statute, but if you believe you should be entitled to an
open carry permit, contact my office immediately.
