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Talking Points on Gun Control

Stuff you may want to share with family, friends, neighbors and your Legislators.  Invite them to the range!

Why private possession of guns is important for public safety:

Respected research, by authors Kleck (Point Blank), Lott (More Guns, Less Crime)*, shows that Americans use firearms about 2,500,000 times per year (most often with no shots fired) to avoid criminal attack, and that localities with more severe gun control laws have higher violent crime rates.  Gun control increases violent crime.  Private possession of firearms decreases violent crime.  50% of households nationwide have firearms.

Hawaii ownership is underestimated.  Compare our low reported rates to “undecided” voters in pre-election polls.  Would you tell a pollster you have firearms?  We enjoy a low violent crime rate thanks to our population demographics but that’s changing.  Our media reports daily violent crimes that could have been prevented by an armed victim.  Hawaii has enjoyed the same decrease in violent crime as the rest of the nation, while at the same time, firearms registrations in Hawaii and acquisitions nationwide have dramatically increased.

Hawaii firearms laws discourage law-abiding citizens from possessing firearms and need revision.  Our 2-week waiting period, for example, supposedly time for a response to mental background check letter sent to physicians.  Why should there be a waiting period and an extra trip during limited business hours to the county police station for an individual who already has registered firearms?  The US District Court for the Eastern District of California ruled  that was unconstitutional (Silvester v. Harris, August 22, 2014).

Why keep a firearm for self-defense?  Why not just call the police?  Although police love to interrupt a crime in progress, they are rarely there.  They mostly arrive after a crime has been committed, gather evidence and try to find the perpetrator.  Police response time is minutes to hours.  Firearms, like fire extinguishers, are tools to use until the professionals, firemen or police, find their way to you in your time of need.  Our government and police even have immunity against lawsuits for not showing up when called.

* Books available in the Legislative Reference Bureau library at the Capitol.

By Dr. Max Cooper, HRA Legislative Liaison

HRA Encouraging Individuals to Apply for a Concealed Carry Permit

HRA encourages all interested and eligible individuals to apply for a concealed carry permit. On Oahu the process requires a trip to the HPD station and they will not let you take the documents out of the station. We believe this is illegal and are looking into the problem. But, in the mean time you can download these documents (you don’t need to download the records release, or first two pages) and use them to make filling out the documents HPD gives you easier. 

You will still need to bring in two passport photos to complete the process.  

Past reports from the AG seem to under report the number of individuals that have applied for a CCW, so we would like to ask for your assistance in keeping a record of all those that applied and that were denied. To keep track of the denials, we are asking that anyone who gets denied send a copy of the denial to HRA President Harvey Gerwig (hghawaii@gmail.com). 

HRA Alert: Peruta vs. San Diego County

November 12, 2014

California’s Peruta case has taken a new turn further strengthening the case for amending Hawaii’s may issue/show need concealed carry statute.  California’s Attorney General and the Brady Campaign were too late to intervene in a favorable Ninth Circuit Court reversal decision.

History:  Mr. Ed Peruta and other plaintiffs, including the California Rifle and Pistol Association, challenged the County of San Diego and San Diego County Sheriff William Gore for denial of a concealed carry license but lost in US District Court, December 12, 2010.

The Ninth Circuit Court of Appeals reversed that decision February 14, 2014, and sent the case back to US District Court because “The District Court erred in denying the applicant’s motion for a summary judgement on the Second Amendment claim because San Diego County’s ‘good cause’ permitting requirement impermissiby infringes on the Second Amendment right to bear arms in lawful self-defense.”  The Ninth Circuit held that a responsible, law-abiding citizen has a right under the Second Amendment to carry a firearm in public for self-defense and that “self defense” was sufficient “good cause.”  

Present:  Sheriff Gore declined to file a petition for rehearing, so the Attorney General for the State of California and the Brady Campaign to Prevent Gun Violence “moved to intervene.”  On November 12, 2014, their intervention has been denied.  The decision against The County of San Diego and its Sheriff stands, in favor of Peruta.

The Ninth Circuit Court also hears appeals from Hawaii’s US District Court, and the plaintiffs’ claim is essentially the same as Chris Baker’s suit against HPD Chief Kealoha. In addition to Peruta, the same Ninth Circuit judges heard Baker v. Kealoha  at the same time and ruled similarly that Hawaii US District Judge Kay erred, opening an opportunity for appeal to the US Supreme Court.

Hawaii Rifle Association will ask supportive Hawaii State Legislators to introduce legislation to amend Hawaii’s carry statutes in the 2015 Legislature, opening Jan 15, 2015.