Just days after a potential landmark pro-gun ruling by a U.S. appeals court, a lawsuit challenging Hawaii's magazine law was filed last week seeking to overturn arbitrary limits in the 50th state.
The lawsuit, filed in a U.S. District Court on behalf of Hawaii Firearms Coalition director Jon Abbott and two other Hawaii residents--Kevin Kacatin and Soleil Roache-- argues that the state's ban on handgun magazines with a capacity greater than 10 rounds is unconstitutional. The case names Hawaii Attorney General Clare E. Connors as the defendant.
"The plaintiffs in the case have all stated that if it were not for Hawaii's ban, they would seek to and would own magazines with a larger capacity," said the HFC in a release. "Currently, if they were to be found in possession and using said magazines, they would be charged with a Class C felony."
The lawsuit, filed by California gun rights attorney Alan Beck, cites the recent ruling in Duncan v. Becerrawhich overturned California's ban on magazines capable of holding more than 10 rounds.
"Given the decision in Duncan, Hawaii may not ban magazines which hold more than ten rounds," notes the 11-page filing, going on to cite that "Millions of Americans choose magazines over ten rounds for self-defense, including self-defense in the home."
As such, the lawsuit seeks a ruling to overturn Hawaii's ban and otherwise enjoin state and local officials from enforcing it.
"Applying the same logical steps used by the 9th Circuit Court in Duncan, Hawaii's law is likely to be found unconstitutional," notes the pro-gun group. "In recent years Hawaii's Firearms Coalition has asked legislators to amend Hawaii's law to remove the capacity based ban, but legislators have been unwilling to do so. The only available course of action left is to have it removed by the courts."