First, shall issue concealed carry means that if the person applying for a carry permit meets the requirements (training, not a felon, meets age limit, etc), then the state must issue that person a carry permit.
This is the issue in the majority of the states. Over 40 states have shall issue or better concealed carry laws. In a recent diary (somewhat recent) I mentioned how the 9th Circuit Court made some changes in regards to some carry laws in Cali.
This diary is about how that case impacts Hawaii.
First, the decision.
Christopher Baker appeals the district court’s denial of his motion for a preliminary injunction against several state and local governmental entities and officials. Baker sought an order enjoining the enforcement of a number of Hawaii’s firearms statutes or, alternatively, directing the defendants to issue a license to Baker allowing him to carry (either concealed or openly) operable firearms. The district court denied the motion, concluding in part that Baker was not likely to establish that Hawaii’s restrictions on carrying firearms in public were unconstitutional under the Second Amendment, and therefore, Baker was not likely to succeed on the merits. We have jurisdiction pursuant to 28 U.S.C. § 1292, and we vacate and remand.Shall issue concealed carry looks like it might be on its way in the Aloha State. I might be jumping the gun a bit when I say the list of may/no issue states continues to shrink but considering the recent trends in regards to concealed carry, I think it's a safe bet.
In light of our holding in Peruta, the district court made an error of law when it concluded that the Hawaii statutes did not implicate protected Second Amendment activity. Accordingly, we vacate the district court’s decision denying Baker’s motion for a preliminary injunction and remand for further proceedings consistent with Peruta.
What would shall issue in Hawaii look like? Anyone have any theories? Reciprocity?
I look forward to the comments.