Hawaii gun permit ruling sides with ‘homesick’ Navy officer

HONOLULU — A U.S. Navy officer stationed in Hawaii can’t be denied a firearms allow solely as a result of he sought counseling for feeling depressed and homesick, a federal choose dominated.

Michael Santucci, a cryptologic warfare officer from Fort Myers, Florida, noticed a medical supplier at a navy hospital for emotions of melancholy and homesickness a number of months after arriving in Hawaii final 12 months, in accordance with his lawsuit, filed in April.

He wasn’t recognized with any disqualifying behavioral, emotional or psychological dysfunction, the lawsuit stated.

He later stuffed out types to register his firearms with the Honolulu Police Division and indicated that he had been handled for melancholy, however famous it was “not critical.”

Hawaii legislation requires registration of all firearms. Previous to buying a gun, an applicant should apply for a allow. Santucci wanted such a allow though he legally owned his firearms earlier than arriving Hawaii.

As a result of Santucci answered “sure” on a kind indicating he had sought counseling, the allow course of was halted and his firearms had been seized, his attorneys stated.

Honolulu should return Santucci’s firearms and full the registration of the weapons, U.S. District Decide Derrick Watson’s order issued Wednesday stated.

“The Metropolis is evaluating the choice and its impression on our processes,” Honolulu Company Counsel Dana Viola stated in an announcement Friday.

Kevin O’Grady, one in all Santucci’s attorneys, stated the case was “illustrative of Hawaii’s robust opposition to something that approaches the free train of the Second Modification.”

The lawsuit was filed earlier than a U.S. Supreme Courtroom ruling increasing gun rights throughout the nation pressured Hawaii to start issuing hid carry permits. Beforehand, these permits had been virtually inconceivable to acquire.

Santucci’s lawsuit targeted solely on the allow to accumulate firearms.

However Honolulu and the state might want to take the excessive court docket determination into consideration when overhauling the method to make sure others aren’t precluded from acquiring permits based mostly on disclosing earlier psychological well being counseling, stated Alan Beck, one other lawyer representing Santucci.

“What the choose is saying is Honolulu is misapplying the legislation. They’re getting Hawaii legislation improper,” Beck stated. “Should you marked ‘sure’ on counseling, you then’ve misplaced your gun rights.”