Court: U.S. District Court for the District of Hawaii
Issue at Stake: Registering firearms with law enforcement
Summary: Yukutake v. Connors is a challenge to certain firearm permitting and registration requirements in Hawaii. Among other things, the plaintiffs argue that the Second Amendment prohibits any requirement to bring newly-acquired firearms to law enforcement for inspection.
Everytown for Gun Safety’s amicus briefs explain the long regulatory history that underlies inspection laws. During the founding era, states required in-person inspection of firearms as part of militia service–often multiple times per year. Given that the public accepted such requirements as being within the government’s power at the time of the Second Amendment’s ratification, a far more modest, one-time inspection requirement does not impinge on constitutionally-protected conduct.
Decision: The district court granted plaintiffs’ motion for summary judgment and denied the government’s counter motion. The court found that both Hawaii’s 10-day period under which permits to acquire a handgun must be used, and its requirement that all firearms be inspected and registered in-person, violate the Second Amendment. Hawaii has appealed this decision to the Ninth Circuit.
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Did you know?
30 percent of guns recovered by ATF in California have no serial number on them, making it impossible for law enforcement to trace.