Hawaii County Sued Over Unconstitutional Firearm Permit Denial

News Release from HiFiCo,  August 7, 2024

Attorneys Kevin Gerard O’Grady and Alan Alexander Beck have filed a lawsuit on behalf of Roy Thompson against Hawaii County in the United States District Court for the District of Hawaii. The lawsuit challenges the constitutionality of Hawaii County's practices regarding the issuance of Permits to Acquire (PTA) firearms.

Roy Thompson, a resident of Hawaii County and a veteran of the Hawaii National Guard, is the plaintiff in this case. Despite legally owning firearms and having no disqualifying conditions under state or federal law, Mr. Thompson's application for a PTA was denied by Hawaii County on July 16, 2024. The denial was based on his affirmative answer to a question regarding medical treatment for a condition on the statewide PTA application.

The lawsuit argues that the denial of Mr. Thompson's PTA violates his Second Amendment rights, as protected by the U.S. Constitution and reinforced by the Supreme Court's decision in New York State Rifle & Pistol Ass'n, Inc. v. Bruen (2022). The complaint highlights that Hawaii County’s use of discretion in denying PTA applications, based on criteria that are not constitutionally grounded, creates an undue burden on citizens attempting to exercise their right to bear arms.

Additionally, the lawsuit points out that Hawaii County’s policy relies on outdated state laws, further complicating and unlawfully restricting the right to firearm ownership. Hawaii County uses language and cites a law that has previously been challenged in federal court and was replaced by the state legislator more than eight months ago.

This action seeks declaratory and injunctive relief to prevent the County from enforcing these unconstitutional practices and demands the immediate issuance of Mr. Thompson’s PTA.

Key Facts:

·The plaintiff, Roy Thompson, is a lawful firearm owner and veteran diagnosed with anxiety resulting from his service.

·Hawaii County denied Mr. Thompson's PTA application solely based on his affirmative answer to a question regarding treatment for a behavioral or psychological condition, despite state law changes that no longer support such denials.

·The lawsuit challenges the constitutionality of the County's practices, citing violations of the Second Amendment and Due Process under the Fourteenth Amendment.

·The lawsuit seeks declaratory and injunctive relief, aiming to compel Hawaii County to issue the PTA and halt any punitive actions against Mr. Thompson related to firearm ownership.

The attorneys representing Mr. Thompson are committed to defending constitutional rights and ensuring that Hawaii County complies with established legal precedents. They call upon the court to act swiftly to restore Mr. Thompson’s rights and set a precedent that protects the rights of all Hawaii residents.