Hawaii Firearms Rights Lawyer in Honolulu
Defending Your Second Amendment Constitutional Rights
The right to keep and bear arms is a long-standing, fundamental right enshrined in the Second Amendment to the United States Constitution. This individual right is granted to the people, setting us apart in America as we possess a much broader and more profound right to keep and bear arms than any other nation.
Mr. O’Grady is heavily involved in Hawaii in providing information via HawaiiGunLaw.Com and HawaiiGunLaw on Youtube and also being involved in protecting the people’s rights through representation and bringing civil rights lawsuits.
Currently, gun rights in this country continue to be an ongoing controversy in which gun laws are being constantly expanded and challenged in the courts. In Hawaii, our state government vigorously opposes our Second Amendment rights, and we constantly battle to protect them.
At The Law Office of Kevin O’Grady, LLC, I have represented and continue to file lawsuits for several clients in gun rights lawsuits and authored court briefs for others in their legal cases. I will continue to stand up for the Second Amendment rights of Hawaiians in situations where my voice is needed.
Do you have a Second Amendment rights issue? Contact my office at (808) 707-7479 for a free consultation with me as a Hawaii firearms rights attorney.
Understanding Firearm Rights in Hawaii
Our Founding Fathers specifically articulated this right, acknowledging its deep-seated significance.
While the right itself is deeply rooted, and the early Americans understood it to be wide-ranging, the U.S. Supreme Court did not have many opportunities to rule on its various aspects. The late 1800’s brought about incremental infringement of the right, particularly against suspect groups (certain groups have long been discriminated against such as catholics, jews, blacks, freedmen, Indians, etc) The 20th century, however, saw substantial encroachments and infringements brought on by the federal government and various states and municipalities.
In 2023 the United States Supreme Court decided the Bruen case which it reiterated did not create any new law or rights but merely reaffirmed the rights the people have. The Court ruled that whenever the people’s rights are implicated under the Second Amendment, the burden is on the government to prove that a substantially similar limitation of the otherwise unqualified command of the Second Amendment existed at the time of the founding.
Key Considerations of Hawaii’s Firearm Laws
Hawaii’s gun laws are among the strictest in the nation. As a result, anyone seeking to own or carry firearms in Hawaii must adhere to various legal requirements. These laws cover everything from background checks to firearm registration, concealed carry permits, and restrictions on certain types of firearms.
Here are some key areas of Hawaii’s firearm laws that a Honolulu firearms rights lawyer can help you navigate:
- Firearm Ownership and Registration: Hawaii requires that all firearms be registered with the local police department. When purchasing a firearm, you must undergo a background check, and the firearm must be registered within five days of acquisition. Failure to comply with this requirement can result in serious penalties.
- Concealed Carry Permits: Hawaii is one of the few states that has historically had strict restrictions on the issuance of concealed carry permits. To carry a concealed firearm legally, you must demonstrate "good cause," which can be a challenging requirement to meet.
- Firearm Possession Restrictions: Certain individuals are prohibited from owning or possessing firearms in Hawaii. These restrictions may apply to individuals with felony convictions, those subject to restraining orders, or individuals deemed mentally unfit by the courts. If you are facing allegations that could prevent you from legally possessing a firearm, a Honolulu firearms rights attorney can provide critical support in defending your rights.
- Gun Ownership for Non-Residents: Non-residents of Hawaii must also comply with specific rules if they wish to possess or transport firearms while visiting the state. Whether you are a tourist or a resident of another state, you must ensure that you follow Hawaii’s regulations regarding firearm possession.
Areas I Can Assist
Know Your Rights, Know Your Responsibilities
Rising Firearms Restrictions in Hawaii
The threats to Second Amendment rights in Hawaii are vastly greater than in almost any other state. Our state has also seen infringements on this right, with increasing firearms regulations being introduced.
While these laws are often presented as necessary for public safety, they significantly challenge your rights as a Hawaiian citizen. According to a research group, Hawaii ranks #3 in the U.S. for “gun law strength.” Every aspect of the Second Amendment is heavily infringed, from acquiring or even owning a firearm , purchasing, inheriting, and carrying, practicing and using a firearm- all have heavy government involvement, fees, process, delays etc..
Hawaii’s laws on carrying firearms are severe Prior to Bruen the state of Hawaii was a “may” issue state for purposes of carry licenses but that meant that zero were issued in almost a decade. Every aspect of the Second Amendment is under attack in Hawaii.
Common Firearm Violations and Criminal Charges
Firearm violations in Hawaii can lead to serious criminal charges, including fines, imprisonment, and loss of your firearm rights. Some common offenses include:
- Unlawful Possession of a Firearm: Hawaii prohibits certain types of firearms, such as assault rifles or firearms that are not properly registered. If you are caught possessing an illegal firearm, you may face felony charges. A Honolulu Firearms Rights Lawyer can help mitigate the charges or argue that the firearm was legally possessed.
- Carrying a Concealed Firearm Without a Permit: If you carry a concealed firearm without the proper permit, you may be charged with a criminal offense. I can help you explore defenses to the charge, such as proving that you did not knowingly carry the firearm or that you were unaware of the requirement to obtain a permit.
- Firearm-related Domestic Violence: Hawaii has stringent laws regarding domestic violence and firearm possession. If you are involved in a domestic violence situation, you could be barred from possessing a firearm, even if you are not convicted of any crime.
- Illegal Discharge of a Firearm: Discharging a firearm in a public place or in a manner that endangers others can result in serious legal consequences. I can work to prevent a conviction from affecting your firearm rights, or assist in regaining possession after a domestic violence case is resolved.
Fighting for Your Rights in Hawaii
As we progress into the 21st century, the legal landscape surrounding Second Amendment rights in Hawaii will continue evolving. The Law Office of Kevin O'Grady, LLC will be there every step of the way, fighting to protect your rights and resist attempts to erode the fundamental right to keep and bear arms.
If you believe your rights have been infringed upon or violated, you can turn to my law firm for vigorous legal help in understanding your rights, clarifying your position, and helping you seek justice. As your firearms rights attorney in Honolulu in this fight, I am dedicated to providing high-quality client service.
Call (808) 707-7479 or contact me online for legal help today.
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"Mr. O'Grady and his staff are very professional and helpful."
My outcome was more than I could have ever expected! It was unbelievable that deal that he was able to get for me. I 100% recommend him!- Carmen G. -
"My experience with Mr. O'Grady and his team was nothing less than amazing."
From the very beginning to the very end he and his team provided the best legal service that could have been asked for. He is definitely the person you want on your side. I could not have asked for a better lawyer.- Ysaias G.
