Suit challenges Hawaii's denial of American Samoan's right to own a gun

[Suck My Glock]

https://www.ammoland.com/2020/08/suit-challenges-hawaiis-denial-of-american-samoans-right-to-own-gun/#axzz6Ul63s7xz

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Hawaii Revised Statute § 134-2 restricts non-citizen U.S. nationals from owning firearms, the memorandum in support of motion for preliminary injunction notes. Nickel is a Samoan, from a U.S. territory.

“American Samoans are the only ones affected by this law because people born in the other territories are considered U.S. citizens,” the memorandum explains. “Plaintiff is a law-abiding U.S. National, a resident of the State of Hawaii and has no disqualifying factor which would prohibit him from legally and safely owning a firearm apart from being a noncitizen U.S. National.”

“American Samoan noncitizen U.S. Nationals, such as Plaintiff, are part of the ‘people,’” the memorandum reminds the court.

Further, Nickel “is an honorably discharged veteran of the Air National Guard,” and per U.S. Code:

“The term ‘national of the United States’ means (A) a citizen of the United States, or (B) a person who, though not a citizen of the United States, owes permanent allegiance to the United States.

It’s tough to owe permanent allegiance to a government that denies your basic human rights. Yet in spite of that, the memorandum further points out (and documents):

“American Samoa is noted for having the highest rate of military enlistment of any U.S. state or territory. As of September 9, 2014, the local U.S. Army recruiting station in Pago Pago was ranked first in production out of the 885 Army recruiting stations and centers under the United States Army Recruiting Command.”

What's more, in 2019, a federal judge in Utah ruled that American Samoans are U.S. citizens by birth. (The U.S. Supreme Court has yet to make that apply throughout.)

 

[Maestro]

Am I correct in my understanding that that specific Hawaiian statute violates federal law? I mean, I know that lots of states have statutes that violate federal law, but this seems to be pretty cut and dried.

 

[High Standard]

The suit has been decided. Https://www.hifico.org

From the homepage:
“A few weeks back we told you the story of Alanoa Nickel And how he was being denied the right to bear arms. Honolulu police department and the state of Hawaii denied him his rights based purely on his status as a US national.

Hawaii Firearms Coalition via their attorney Alan Beck helped filed a lawsuit to stop the enforcement of this clearly unconstitutional law.

Today that lawsuit was settled, the state of Hawaii can no longer deny people the right to Bear arms, based purely on the fact they are US national.

See the order below.

STIPULATION AND ORDER
On July 27, 2020, Plaintiff Alanoa Nickel filed a complaint alleging that he is a resident of the State of Hawaii and wants to apply for a permit to acquire a firearm. He further alleges that he meets all of the eligibility requirements under Hawaii law except for the United States citizenship requirement in Hawaii Revised Statutes
§ 134-2(d). Nickel was born in American Samoa and is a U.S. national but not a U.S. citizen. The complaint points to this Court’s ruling in Fotoudis v. City & County of Honolulu, 54 F. Supp. 3d 1136 (D. Haw. 2014), whereby § 134-2(d) was permanently enjoined as applied to permanent resident aliens, with the Court concluding:
2

Case 1:20-cv-00330-JMS-RT Document 22 Filed 08/10/20 Page 3 of 4 PageID #: 79
Defendants and/or their officers, agents, servants, employees, and all persons in active concert or participation with them who receive actual notice of this injunction, are enjoined from precluding lawful permanent resident aliens residing in the State of Hawaii from applying for a permit to acquire firearms as set forth in HRS § 134-2(d).
Id. at 1145.
The parties agree that the permanent injunction and ruling in Fotoudis should
be extended so as to apply equally in this case.
Therefore, it is stipulated that HRS § 134-2(d)’s citizenship requirement be
permanently enjoined as it applies to non-citizen United States nationals. ”

 

[High Standard]

I was stationed there at Schofield with 25th ID and got to know certain things that go on over there, and all that Hawaii has got going for it in any positive sense is the is the weather and beaches, and that's it. The natives are extremely racist including being prejudiced against other Polynesian's that are not native Hawaiians, so hearing this is not surprising.

I hope he wins and gets his ass kissed by those assholes.

I lived there 11 years on two different islands. The prejudice is real and can be widespread or very localized depending on which island and/or what area of Oahu you are living. For as liberal and progressive and woke as Hawaii is supposed to be, it is one of the most backward and third world places I have ever lived.

He did garner a win. The problem now is now forcing Hawaii to comply. It remains to be seen if they do.

 

[High Standard]

Am I correct in my understanding that that specific Hawaiian statute violates federal law? I mean, I know that lots of states have statutes that violate federal law, but this seems to be pretty cut and dried.

You are correct in your understanding. The HPD is also currently violating firearms laws due to a COVID-19 loosening of restrictions in order to register a firearm. Citizens are having to wait months to obtain and register their firearms that they purchase or move with. The current law states no longer than 5 business days. There is currently an online reservation system to file for permits to acquire and register your firearm. It is booked and only is open for the next 3 months. You want to buy and register a firearm? Good luck trying to get a reservation.

 

[Flash]

There are no native Hawaiians, only immigrants. The locals there need to read their history a little more closely.

And the Five-0 there has publicly said that they will even ignore LEOSA for visiting LEOs.

 

[samnev]

I hope the case goes somewhere but with the liberal retards. that run the state it wouldn't surprise me if it did not.

 

[Doc Holliday]

Cut 'em loose, Hawaii has always been uppity when it comes to being part of the United States. Any State that does not honor the Constitution TO THE LETTER should not receive ANY federal funding of any kind. They want the benefits of being a State, they should have to play by the rules.

 

[AZHTfreak]

Don't want to cut them loose, would just give an opening to the PRC to create Shanghai East... as distasteful as it is, need to keep Hawaii in the fold...