Hawaii can ban guns on beaches, an appeals court says

Source: AP

Updated 5:57 PM EDT, September 6, 2024


HONOLULU (AP) — Hawaii can enforce a law banning firearms on its world-famous beaches, a U.S. appeals court panel ruled Friday. Three Maui residents sued to block a 2023 state law prohibiting carrying a firearm on the sand and in other places deemed sensitive, including banks, bars and restaurants that serve alcohol. They argued that Hawaii went too far with its wide-ranging ban.

A U.S. district court judge in Honolulu granted a preliminary injunction against the rule last year and Hawaii appealed. On Friday, a three-judge panel of the 9th U.S. Circuit Court of Appeals published an opinion reversing the lower court ruling on beaches, parks, bars and restaurants that serve alcohol. The panel affirmed the ruling for banks and certain parking lots.

“The record supports the conclusion that modern-day beaches in Hawaii, particularly in urban or resort areas, often resemble modern-day parks,” more so than beaches at the founding of the nation, the unanimous ruling said.

Hawaii, which has long had some of the nation’s toughest firearm restrictions and lowest rates of gun violence, has been wrestling with how to square its gun laws with a 2022 U.S. Supreme Court ruling expanding the right to bear arms. The high court found that people have a constitutional right to carry weapons in public and that measures to restrict that right must be consistent with the nation’s historical tradition of firearm regulation.

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