Lawsuit: Hawaii Taser Ban is Unconstitutional

by Andrew Walden

A lawsuit, Roberts v Ballard, filed April 2, 2018 in Hawaii’s Federal District Court challenges the state ban on civilian ownership of stun guns.

According to the lawsuit text, “H.R.S. § 134-16 provides that it ‘shall be unlawful for any person, including a licensed manufacturer, licensed importer, or licensed dealer, to possess, offer for sale, hold for sale, sell, give, lend, or deliver any electric gun.’”

Hawaii is one of only four states to ban Tasers.

Pointing out that “many other jurisdictions have already found complete bans on the ownership of electric arms unconstitutional,“ the lawsuit seeks “an order …enjoining Defendants …from enforcing HI Rev Stat § 134-16 (and) declaring (it) unconstitutional….”

Second Amendment attorneys Alan Alexander Beck and Stephen D. Stamboulieh are representing plaintiff Namiki Roberts, a local photographer.  Beck won a 2014 decision by Hawaii Federal Court Judge Michael Seabright upholding the Second Amendment rights of US Green Card immigrants in Hawaii. 

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PDF: Complaint -- Case 1:18-cv-00125

2aHawaii: Hawaii Taser Case Filed 

Guns.com: Federal lawsuit filed over Hawaii stun gun, taser ban

2017: Hawaii One of Only Four States to Ban Tasers

2014: Seabright: Green Card Holders Have Second Amendment Rights in Hawaii