Significant Development: Temporary Restraining Order (TRO) Granted in Hawaii’s Second Amendment Case

News Release from HiFiCo, August 8, 2023

Aloha    

We are thrilled to share some remarkable news that underscores the ongoing legal progress of the second amendment in Hawaii. For the second consecutive day, this pivotal right has achieved a noteworthy victory.

Today, we received a momentous update from Federal Judge Kobayashi, who issued her verdict on the TRO request in the case of Wolford v. Lopez. The order in part reads:

"Plaintiffs' TRO Motion is hereby granted in part and denied in part for the reasons set forth below, insofar as the following challenged provisions (or portions thereof) are enjoined: -

The portions of Haw. Rev. Stat. § 134-A(a)(1) that prohibit carrying firearms in parking areas owned, leased, or used by the State or a county which share the parking area with non-governmental entities, are not reserved for State or county employees, or do not exclusively serve the State or county building; -

the entirety of Haw. Rev. Stat. §§ 134-A(a)(4) and (a)(12); -the portions of Haw. Rev. Stat. § 134-A(a)(9) prohibiting the carrying of firearms in beaches, parks, and their adjacent parking areas; and -

the portion of Haw. Rev. Stat. § 134-E that prohibits carrying firearms on private properties held open to the public."

This decision bears considerable implications for the current legal landscape surrounding certain aspects of the ‘sensitive places’ law. At least for the foreseeable future, these specific components of the law cannot be enforced under state jurisdiction.

It is crucial to emphasize that this ruling's impact applies only to the law at the state level. Honolulu and Hawaii counties maintain their own distinct ordinances, which remain operational. Our advice is if you live on Oahu or Hawaii island, then you should abide by these ordinances (for now).

We are working with our lawyers, who are currently dissecting the intricacies of the ruling and will update us with any changes or important information that you need to know.

PDF: 1:23-cv-00265-LEK-WRP Wolford et al v. Lopez et al