Montana Attorney General Austin Knudsen is leading a coalition of 26 states in urging the Supreme Court of the United States (SCOTUS) to intervene against Hawaii's firearm carry ban. The coalition argues that Hawaii's restrictions, which apply to "sensitive" areas such as bars, restaurants serving alcohol, parks, beaches, banks, and financial institutions, violate constitutional rights.
The amicus brief was filed in support of three residents and the Hawaii Firearms Coalition in their lawsuit challenging Act 52. A U.S. District Court initially blocked much of the ban; however, the Ninth Circuit Court of Appeals reversed this decision, allowing the restrictions to remain.
Attorney General Knudsen stated: "The Supreme Court has guaranteed that Americans’ Second Amendment rights are not second-class rights, but the Ninth Circuit’s recent decision puts that guarantee in jeopardy." He expressed hope that SCOTUS would reverse this decision to protect gun rights.
The legal argument hinges on previous Supreme Court decisions like District of Columbia v. Heller and New York State Rifle & Pistol Association, Inc. v. Bruen. These cases require courts to assess whether modern firearm regulations align with historical interpretations of the Second Amendment. According to Knudsen and his coalition, Hawaii lacks historical precedent for its restrictions.
Hawaii's "default rule" also faces criticism for reversing traditional presumptions about carrying firearms on private property without explicit permission from owners.
A circuit split has emerged because while the Ninth Circuit upheld Hawaii's law by reversing an injunction on its "default rule," a similar law in New York faced an injunction upheld by another court using identical precedents.
Knudsen warned: “Without swift correction, the Ninth Circuit’s decision will muddle the clear Second Amendment standards this Court has adopted."
Attorneys general from several states including Alabama, Alaska, Arkansas, Florida, Georgia among others have joined Knudsen and Idaho Attorney General Raúl Labrador in this effort.