9th Circuit Gets One Right (for now)

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Quote of the Day

The panel affirmed the district court’s summary judgment for Todd Yukutake and David Kikukawa in their action seeking declaratory and injunctive relief to prevent the Attorney General of Hawaii from enforcing two provisions of Hawaii’s firearms laws on the ground that the provisions violate the Second Amendment.

First, plaintiffs challenged the constitutionality of Hawaii Revised Statutes § 134-2(e), which provides a narrow time window (originally 10 days, and now 30 days) within which to acquire a handgun after obtaining the requisite permit. The permit application process includes a background check. Second, plaintiffs challenged § 134-3 to the extent that, as part of Hawaii’s firearms registration process, it requires a gun owner, within five days of acquiring a firearm, to physically bring the gun to a police station for inspection. The district court concluded that the challenged aspects of both provisions were facially unconstitutional under the Second Amendment and
permanently enjoined their enforcement.

Daniel P. Collins
9th Circuit Judge
March 14, 2025
YUKUTAKE V. LOPEZ

While I am happy this outrageous law has been overturned, I don’t expect it to last. As I recall, and Copilot agrees:

So far, it seems that when the Ninth Circuit has ruled a firearms law unconstitutional, the full en banc panel has later reversed that decision.

There has been an appeal for an en banc hearing. And as outrageous as this law is, I do not have high hopes of the law being overturned.

It is important to note that it took over TWO YEARS, for them to deliver this appeals court verdict. The lawsuit was initially filed in October of 2019! A right delayed is a right denied.

It was interesting, as long as I could tolerate it, to read the dissent. The contortions to reach the desired conclusions are epic.

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6 thoughts on “9th Circuit Gets One Right (for now)”

  1. You can’t expect the 9th Circus to consider the U.S. Constitution to be superior to the Aloha Spirit now, can you?

  2. Interesting to see this process get the boot for being unconstitutional after living in Michigan where it was the standard process for decades.

    Get the permit, then 10 days to get the gun. After you got the gun, 10 days to take it back to the police station for registration.

  4. The physical inspection rule always struck me as more about deterrence than safety. Glad to see it challenged, but I share your skepticism about it holding up under en banc review.

  6. Pingback: ninth circuit momentary win sparks hope and debate in north central idaho – Shooter's Legal Journal

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