Lawsuit challenges Hawaii's gun ownership ban for young adults
A new lawsuit takes aim at Hawaii’s ban on gun ownership for those 18 to 20 years old
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Elijah Pinales, 19, and Juda Roache, who turns 18 next month, want to own guns for self-defense, according to their lawsuit filed Wednesday night in U.S. District Court in Honolulu.
Their lawyers assert that Hawaii is the only state with a complete ban on acquiring and owning firearms and ammunition by those who are 18 to 20. Some states allow 18-year-olds to purchase a long gun and some allow for private party transfer of handguns, said Alan Beck, one of the lawyers who filed the lawsuit and has lodged numerous other challenges to Hawaii weapons laws.
Roache's mother wants to give him a firearm and ammunition, the lawsuit says.
Federal law requires a person to be 21 to purchase a handgun from a licensed firearm dealer and 18 to buy a long gun from a dealer, according to Everytown for Gun Safety. There's an 18-year-old minimum for handgun purchases from unlicensed sellers and no minimum age for long guns, according to the group's research.
New York and Illinois also have broad laws limiting people under 21 from possessing firearms, said David Pucino, legal director and deputy chief counsel for the Giffords Law Center to Prevent Gun Violence.
“Hawai’i has some of the strongest gun laws in the country and it has among the very lowest gun death rates," he said in a statement Thursday. “That’s not an accident, but it hasn’t stopped extremists from attacking Hawai’i’s gun laws at every turn.”
According to Everytown, firearms are the leading cause of death for young people ages 18 to 20, the firearm suicide rate in that age group has jumped 41% in the last decade, and 18- to 20-year-olds commit gun homicides at triple the rate of those 21 and older.
The Hawaii attorney general’s office said it had not been served with the complaint and declined to comment.
“There can be no real argument that adults under 21 are not part of the national community,” the lawsuit said, noting that 18-to-20-year-olds have the right to vote. “They have the right to serve in the military and are otherwise full-fledged members of society and the People.”
The quest for a preliminary injunction against enforcing a prohibition on gun ownership for young adults comes as Hawaii continues to contend with a 2022 U.S. Supreme Court decision that said Americans have a right to carry firearms in public for self-defense.
The so-called Bruen decision upended gun laws nationwide and set a new standard for interpreting gun laws, such that modern firearm laws must be consistent with the nation’s historical tradition of firearm regulation.
There’s no historical tradition of prohibiting the purchase and ownership of firearms and ammunition by adults under 21, according to the lawsuit, which describes some of the nation's founding figures such as Aaron Burr, who at 19 enlisted in the Continental Army with his own arms and ammunition, and James Monroe who did the same at 18.
Hawaii's gun ownership ban for young adults dates to 1994, the lawsuit said. The state “doubled down” this year by prohibiting the possession of ammunition by those under 21, the lawsuit said.
Danger Close Tactical in Honolulu and JGB Arms on Kauai are federally licensed firearms dealers who are plaintiffs in the case because they want to do business with customers who are 18 to 20 years old, the lawsuit said.
Another plaintiff is the Second Amendment Foundation, a nonprofit in Bellevue, Washington.