Connect with us

Hawaii

Hawaii Legalizes Ownership, Open Carry of Butterfly Knives After Fighting Them in Court

Published

on

Hawaii Legalizes Ownership, Open Carry of Butterfly Knives After Fighting Them in Court


Hawaii has changed its tune on butterfly knives and other bladed weapons.

Governor Josh Green (D.) signed Act 021 into law on Monday. The measure amends several of the state’s weapons regulations, including a repeal of its longstanding bans on the manufacture, sale, transfer, possession, and transportation of butterfly knives, switchblades, and other non-firearm weapons. It will also allow the open-carry of those weapons–though concealed carry remains illegal.

The law took immediate effect upon the Governor’s signature.

The legislation marks a significant policy reversal for leaders in the Aloha State. Before Monday, Hawaii’s attorneys vigorously defended the state’s decades-old ban on possessing butterfly knives against a Second Amendment lawsuit by arguing that they are uniquely dangerous and associated with criminality. A three-judge panel for the Ninth Circuit Court of Appeals struck down the ban as unconstitutional last August in Teter v. Lopez. However, the state appealed that decision, and the Ninth Circuit has agreed to review the case en banc.

Advertisement

Governor Green did not respond to a request for comment on his decision to sign the bill or its intended impact on the state’s ongoing lawsuit. Instead, his office directed The Reload to a written statement from the Hawaii Attorney General’s office claiming the new law “updates, clarifies, and modernizes a number of aspects of Hawaii’s weapons laws.”

“These are important regulations that protect public safety,” a spokesperson from the office said.

Attorney Alan Beck, who is helping to litigate the Teter case, called Act 21 a win because the old ban conflicted with the Supreme Court’s reading of the Second Amendment in 2022’s New York State Rifle and Pistol Association v. Bruen.

“There is no reason to criminalize the ownership of a knife just because it has a second handle or a spring,” he told The Reload. “And it is contrary to Bruen to ban the carry of melee weapons which have been in common use since the Colonial Era.”

Hawaii officials, however, quickly moved to head off any future wins by Beck in the case. Just one day after Governor Green signed the measure, attorneys for the state filed a motion to have the Teter case dismissed as moot in the Ninth Circuit.

Advertisement

“In this litigation, Plaintiffs sought prospective declaratory and injunctive relief against the enforcement of Hawai’i’s butterfly-knife regulations to the extent that state law prevented them from “possess[ing] butterfly knives in their homes or . . . openly carry[ing] them in public,” the Tuesday filing reads. “Act 21 allows Plaintiffs to do precisely that. Because Act 21 is a legislative repeal of the challenged provisions, it ‘creates a presumption that the action is moot.’”

Other gun-rights advocates suggested the quick timing of the state’s law change and legal maneuvering could be the result of concerns with more than just knife policy. Kostas Moros, a gun rights attorney who handles cases in the Ninth Circuit, said in a social media post that the legalization effort was “very obviously” an effort to avoid a federal precedent that could threaten more consequential hardware bans related to things like “assault weapons” or magazines.

“They didn’t want to risk a conservative en banc panel draw that could reverse the eventual antigun ruling in Duncan, nor did they want to risk SCOTUS review in a case SCOTUS would find enticing (because butterfly knives are a low stakes way to make precedent),” he said.

Duncan is a case involving California’s ban on magazines capable of holding more than ten rounds. A federal judge struck down the ban as unconstitutional last September, and a three-judge panel for the Ninth Circuit is currently deciding whether to overturn that decision on appeal.

Before the full Ninth Circuit decided to vacate and rehear the case, the panel decision in Teter was the first and only federal appeals court ruling to strike down a hardware ban since the Supreme Court handed down its Bruen decision. On the other hand, multiple federal circuit courts have issued opinions upholding bans on ammunition magazines and semi-automatic rifles like the AR-15. 

Advertisement

Beck acknowledged the state’s attempt to undermine the butterfly ban case. Still, he won’t drop the suit because, despite the change in law, concealed carrying the disputed knives is not allowed, and open carrying is not a realistic option.

“We will still continue our litigation because our clients are unable to concealed carry butterfly knives, and butterfly knives are designed to be carried in the pocket as they do not have a clip,” he said.



Source link

Advertisement

Hawaii

Revival of racquetball: Longtime players hope to train, inspire Hawaii’s next generation

Published

on

Revival of racquetball: Longtime players hope to train, inspire Hawaii’s next generation


HONOLULU (HawaiiNewsNow) – While the sport of pickleball continues to explode in popularity across the United States, another game is enjoying a revival of sorts in Honolulu.

During the pandemic, most athletic clubs were forced to close their racquetball courts due to COVID restrictions.

Eventually, one of the most popular and convenient spots for racquetball players, the Honolulu Club, officially closed its doors for good.

”Every single racquetball court was shuttered, every club. All of our wonderful YMCA’s, the military, the Honolulu Club where we all came from, it was sad,” said Janet Kelley, founder and member chair of the Honolulu Racquetball Club.

Advertisement

That’s why Kelley decided to found a new club in hopes of sparking love and interest for the sport of racquetball.

The Honolulu Racquetball Club has even developed leagues with different age groups, including kupuna and keiki.

Kelley said the goal is to expand the club’s offerings and grow the sport on Oahu.

Beyond that, she wants to see more young people and women give it a try.

”It’s just the greatest workout, and we have a club here that is easy for anyone to learn,” added Kelley. “Because we’re giving away some free lessons. It can also just be a chance to play with your friends at whatever level: Beginner to advanced.”

Advertisement

If you would like more information on the Honolulu Racquetball Club, click here.



Source link

Continue Reading

Hawaii

Hawaii father beaten after complaining about illegal fireworks

Published

on

Hawaii father beaten after complaining about illegal fireworks


EWA BEACH, Hawaii (CNN/KITV) — A father of two from Ewa Beach is in the hospital, recovering from severe injuries after his family says neighbors attacked him.

Coby Lynn had complained about the late-night aerial fireworks being set off after 10:30 p.m. Sunday.

“And they just left him in the street and they were all laughing about it and calling him old man. And they attacked him like animals,” Eileen Lynn said.

“And we’re sick of the fireworks in our community. We’re all older people. We’re trying to sleep. We all have to work. Like even today we were supposed to work,” she said of the Memorial Day holiday.

Advertisement

Surveillance video shows a man falling in the middle of the street. Flashes continue from a constant barrage of illegal fireworks.

Coby Lynn, who works as a window washer, has been a very active member in the community and, according to his family members, wanted the neighbors to stop with the late-night disruption.

“They attacked a very frail person,” Eileen Lynn said of her husband, who has been recently struggling with COVID-19. “I saw his face and I just can’t even believe they’re laughing about it and coming over in my yard, saying it’s his fault because he kicked a firework.”

Lynn’s son told Island News that his father was swarmed, all for knocking over one of the 25 shot cakes that the neighbors insisted on firing in the middle of the Ewa Beach intersection. His injuries are serious.

“His cheek is broken, it hangs down. He’s gonna have to have reconstructive surgery. His lip was hanging down and they caused a hole in between his throat and his his face,” Eileen Lynn said. “And so now he has to stay there because they have to stitch him up, maybe 10 on the outside and four inside.”

Advertisement

Eileen Lynn says police were pre-emptively called by the neighbors who instead questioned the victim and that nothing was done. The Lynn family says that the party continued after the beating.

The-CNN-Wire
™ & © 2024 Cable News Network, Inc., a Warner Bros. Discovery Company. All rights reserved.





Source link

Continue Reading

Hawaii

‘Stop the violence’: Ewa Beach family pleads for perpetrators to come forward after assault

Published

on

‘Stop the violence’: Ewa Beach family pleads for perpetrators to come forward after assault


HONOLULU (HawaiiNewsNow) – A 63-year-old Ewa Beach man is hospitalized with severe injuries after his family says he was beaten during a confrontation over illegal and loud fireworks.

The Lynn family says the violence in this Ewa Beach neighborhood stemmed from a graduation party across the street Sunday night as people were setting off illegal and loud fireworks.

They say 63-year-old Coby Lynn went over and kicked over a box of fireworks out of frustration and then was mobbed by three young men leaving him with a broken nose, concussion and severe facial injuries.

Lynn’s son, Jim Lynn, says he saw the incident from his bedroom window.

Advertisement

“He kicked over one of the cakes on its last shot and three people came out and mobbed him and one of them hit him so hard he flew out of his slippers into the side of a car on to the asphalt,” said Jim Lynn.

“Please, stop the violence,” he added.

The Lynn family says the beating happened around 10:30 p.m. on the corner of Hanakahi and Ikulani Streets and it was all caught on security camera.

“From three different angles, three people, one of them running across the street, struck him. Three of them swung at the same time and it looks like one or two of them connected. Hard enough for them to throw him in the car,” said Jim Lynn.

On the video, Lynn falls to the ground, gets up and falls again. Later, he held his shirt to his bloody face.

Advertisement

“I feel pretty terrible,” the elder Lynn told Hawaii News Now over the phone from his hospital room.

“It was going off and I overreacted and kicked one of them over,” he added, referring to the fireworks.

Hawaii News Now asked if he remembers being hit by other people.

“No, it was just one punch by one person,” he said.

Lynn’s family maintains it was three perpetrators. During the phone call, Lynn seemed to struggle to speak clearly. His family says he’s been battling brain fog from long COVID and is not a violent person.

Advertisement

He was president of the Ewa Beach Lions Club and active in Weed and Seed to prevent neighborhood crime.

“I would hope that they come forward and take responsibility for what they did to my husband,” said Lynn’s wife, Eileen Lynn.

Mrs. Lynn says even though her husband was upset about the illegal fireworks, what happened to him was wrong.

“They threatened to fight with us. We were called dirty names and even before that they kept coming over to say it was the old man’s fault. The old Caucasian man. I do believe it was like a hate crime,” said Eileen Lynn.

Hawaii News Now contacted HPD about the assault case and are waiting for word back.

Advertisement



Source link

Continue Reading

Trending