BREAKING: Yukutake v. Connors (D. HI): Judge that struck down two of Hawaii's gun registration laws partially denies motion to stay pending appeal. The in-person inspection law is now enjoined and the 10-day expiration law will stay in effect. storage.courtlistener.com/recap/gov.usco…
Regarding the state's argument that there should be a stay because more people will buy guns: "...an increase in gun ownership is a Second Amendment right, and any increase would be tied to the removal of an unconstitutional restriction on Second Amendment rights."
Regarding the scenarios that Hawaii said will happen if people don't have to get their registered guns inspected: "Contrary to Defendant’s suggestion, those three harms are not likely to occur."
In response to Hawaii's argument that people will start registering guns with illegal accessories and features if the police don't inspect them, the judge says the state could try enforcing the laws that already ban those things:
The judge says that "the prospects of Defendant’s appeal regarding the in-person requirement are diminished" because the DC Circuit struck down a similar law:
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"Because the government has the burden, the lack of evidence would cut in favor of Plaintiffs’ challenge. But this case ends early under the Ninth Circuit’s pre-emptive carve-out for longstanding restrictions, described next."
"It also means that a citizen may not bring an otherwise protected weapon, for example an AR-15 rifle, into a school, the Capitol, a courthouse, a church, or other sensitive places where a legislative body has prescribed reasonable regulations."
"If judges accept Young’s invitation to uphold firearm restrictions without further analysis, a longstanding firearm restriction may be left stuck in the past, only because it has not been challenged before the present."
One judge asks Deerfield if the law's amendments (to ban the specified guns) is a repeal and replace. Deerfield says it isn't. Judge asks which parts of the original amendment are still intact.
Deerfield claims that it doesn't ban ownership of "assault weapons" because you just have to keep them outside the city.
Brady: "Americans’ Second Amendment rights must be drawn so as to not infringe on the right of every individual to live, which necessarily includes a right not to be shot."
"Treating the Second Amendment as blanket permission to carry guns in the public square—as Petitioners urge—would render the social contract illusory."