Nov 29, 2024, 12:00 AM
Nov 29, 2024, 12:00 AM

Hawaii maintains gun ownership ban on Micronesians despite legal challenges

Highlights
  • A lawsuit has been filed in Hawaii questioning the state's prohibition on firearm ownership for COFA aliens.
  • The Compact of Free Association allows citizens from certain Pacific nations to live and work in the U.S. without granting permanent resident status.
  • The plaintiffs argue that Hawaii's ban discriminates against non-citizens and violates their constitutional rights.
Story

In Hawaii, a significant legal challenge has been mounted against the state's firearm ownership laws that specifically target citizens of compact states under the Compact of Free Association (COFA). This suit, filed in the District of Hawaii court, stems from a long-term resident of Hawaii who, as a COFA alien from the Federated States of Micronesia, is seeking the right to own firearms. The Compact allows these individuals to live and work in the U.S. but does not grant them the status of lawful permanent residents. Historically, similar claims have resulted in court decisions favoring certain non-citizens, including the issuance of a stipulated injunction in 2020 that permitted U.S. Nationals to own firearms. Despite these precedents, Hawaii maintains its ban on firearm ownership for COFA aliens, arguing distinctions between different classes of non-citizens. The plaintiffs contend this policy violates their rights under the Second Amendment and the Equal Protection Clause of the Constitution, emphasizing that alienage is recognized as a suspect class that warrants strict scrutiny in legal challenges. As this case unfolds, it raises broader questions about the rights of non-citizens in the context of gun ownership, old legal precedents, and the minimal means by which states can impose conditions on such ownership.

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