On Monday, May 2, 2022, America’s Future along with 10 other amici organizations, submitted an Amicus Brief to the United States Court of Appeals for the Ninth Circuit in connection with Todd Yukutake and David Kikukawa v. Holly Shikada, in her official capacity as the Attorney General of the State of Hawai’i, et al., No. 21-16756 (2022). Central to this litigation is the Second Amendment of the U.S. Constitution – every American’s “right to bear arms.”
The history of the case begins on October 24, 2019, when Plaintiffs, Mr. Yukutake and Mr. Kikukawa, filed suit against then-Attorney General of Hawaii, Clare E. Connors, seeking declaratory and injunctive relief to protect their Second Amendment right to bear arms. Their lawsuit calls into question the constitutionality of two state statutes that the Plaintiffs understood to be infringing upon their Constitutional rights. The state statutes at issue are Hawaii Revised Statutes (“HRS”) § 134-2(e) and HRS § 134-3(c), in relevant parts mandating that (1) “that individuals purchase a handgun (pistol or revolver) within 10 days of obtaining a permit to acquire” and (2) “that individuals physically bring their firearm to the police department for in-person inspection and registration within five days of acquiring it.”
On August 16, 2021, the United States District Court for the District of Hawaii issued a memorandum opinion granting summary judgment in favor of the Plaintiffs. In so doing, the presiding judge in the matter, Chief U.S. District Judge for the District of Hawaii, Judge Michael Seabright, declared both regulations unconstitutional and in violation of the Second Amendment. Two months later and just shy of two years following commencement of the lawsuit, Defendant appealed the grant of summary judgment to the Ninth Circuit Court of Appeals.
America’s Future along with the other named amici, posit that the Ninth Circuit Court of Appeals should affirm the summary judgement granted in favor of Plaintiffs/Appellees by Chief Judge Seabright. As concisely stated in our Amicus brief, “[t]he [Second] Amendment recognizes and protects that natural right [‘of resistance and self-preservation’] — but does not limit or diminish it. Hawaii’s progressively onerous regulatory regime stands in diametrical opposition to the [Second] Amendment’s text and the God-given right it reflects and protects.”
America’s Future fervently endorses the Second Amendment along with all God-given inalienable rights of America’s citizenship. Our Amicus brief offers not only well-reasoned arguments in support of affirmance of Chief Judge Seabright’s decision, but also explains the historical context of the Second Amendment and the case law arising from it. The brief reiterates the import of America’s framework and serves as a reminder to never forget and never lose sight of how the creation of our nation came about – that is, through the blood, sweat and tears of the colonists, our forefathers who, with valor and determination, fortified and secured the Constitutional Republic of the United States of America.
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