Honolulu Resident Files Lawsuit Against City and County of Honolulu Over Concealed Carry Permit Denial

from HiFiCo, July 31, 2024

Honolulu, HI – Corey Kahalewai, a Honolulu resident, has filed a significant lawsuit against the City and County of Honolulu, challenging the constitutionality of the Honolulu Police Department's (HPD) current rules and practices regarding the issuance of concealed carry weapons (CCW) permits.

Kahalewai's application for a CCW permit was denied by HPD due to his involvement in past criminal investigations and the existence of two lapsed protection orders, despite the fact that none of these incidents led to charges, convictions, or current judicial findings of dangerousness.

The lawsuit contends that these reasons for denial are unconstitutional, as they do not align with any historical tradition of firearm regulation recognized by the Second Amendment.

The plaintiff also challenges the procedural adequacy of the HPD's decision-making process, arguing that it lacks transparency and fails to provide applicants with a fair opportunity to contest denials.

The plaintiff argues that the use of discretion by HPD in issuing CCW permits, especially based on past investigations or lapsed protection orders, violates both the Second Amendment and his Fourteenth Amendment right to due process.

The lawsuit requests that the court order HPD to grant Kahalewai's CCW application and to ensure that future applications are processed without relying on unconstitutional criteria.

LINK: 1:24-CV-00323