Capitol News

Michigan Attorney General Dana Nessel has led a group of 17 attorneys general in submitting an amicus brief to the Ninth Circuit Court of Appeals. The brief supports Hawai‘i’s authority, as well as that of other states, to implement firearms regulations aimed at reducing gun violence and ensuring that only responsible individuals are able to purchase firearms.

The filing comes as part of the ongoing Yukutake v. Lopez case, where a divided panel of the Ninth Circuit previously found two aspects of Hawai‘i’s firearm permitting system unconstitutional: a 30-day time limit on purchase permits and an inspection requirement for certain new firearms. The coalition is urging the en banc panel to overturn this decision.

“Every state has a responsibility to keep their residents safe, and that includes taking common-sense steps to reduce gun violence,” said Nessel. “Our laws should reflect the values and needs of our communities, and Hawai‘i’s firearm permitting regime does just that. By ensuring guns are in the hands of only responsible, law-abiding individuals, we can protect lives while upholding constitutional rights. I am proud to lead this coalition supporting Hawai‘i’s commitment to protecting their residents.”

The brief argues that these provisions fall within the scope of state authority and do not unduly restrict Second Amendment rights. It points out that the inspection regulation allows Hawai‘i to verify serial numbers for firearms imported from out-of-state, sold by non-licensed individuals, or classified as unserialized “ghost guns.” This information is typically collected for purchases from licensed dealers within the state.

According to the attorneys general involved, states hold primary responsibility for safeguarding public health and safety, which includes measures addressing gun violence and promoting responsible firearm use. They maintain that under the Second Amendment and recent Supreme Court rulings such as New York State Rifle and Pistol Association v. Bruen, states have leeway to enact regulations tailored to local needs without violating constitutional protections.

The coalition further notes that expiring 30-day permits do not prevent qualified buyers from obtaining new permits but instead ensure background checks are current when assessing eligibility for firearm ownership.

Nessel was joined in filing the brief by attorneys general from California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New York, Oregon, Rhode Island, Vermont, Washington State, and the District of Columbia.