Sgt. Rock
Full Access Member
HONOLULU — A federal appeals court is giving a Hawaii man another chance to argue that he should be allowed to carry a gun in public — a privilege rarely given to people in the state.
The 9th U.S. Circuit Court of Appeals issued an opinion Thursday sending Christopher Baker's motion for a preliminary injunction back to District Court. Baker filed a lawsuit in 2011 against the Honolulu Police Department after he was denied a license to carry a gun in public for self-defense.
The appeals court said the lower court erred when it ruled that Baker couldn't prove Hawaii's restrictions on carrying firearms violate the Second Amendment.
Baker's attorney, Richard Holcomb, said the decision has broad ramifications for Hawaii, where state law says licenses to carry guns are only given in "exceptional" cases.
"We believe they have validated our position there's a right to carry a firearm outside the home for the purpose of self-defense," he said. "Every citizen has a right to defend themselves."
A Honolulu police spokeswoman said the department won't comment on pending litigation. "We received the 9th Circuit ruling today and we are in the process of reviewing it," said Honolulu Corporation Counsel Donna Leong.
The 9th U.S. Circuit Court of Appeals issued an opinion Thursday sending Christopher Baker's motion for a preliminary injunction back to District Court. Baker filed a lawsuit in 2011 against the Honolulu Police Department after he was denied a license to carry a gun in public for self-defense.
The appeals court said the lower court erred when it ruled that Baker couldn't prove Hawaii's restrictions on carrying firearms violate the Second Amendment.
Baker's attorney, Richard Holcomb, said the decision has broad ramifications for Hawaii, where state law says licenses to carry guns are only given in "exceptional" cases.
"We believe they have validated our position there's a right to carry a firearm outside the home for the purpose of self-defense," he said. "Every citizen has a right to defend themselves."
A Honolulu police spokeswoman said the department won't comment on pending litigation. "We received the 9th Circuit ruling today and we are in the process of reviewing it," said Honolulu Corporation Counsel Donna Leong.
