It is not hyperbole to recognize the endgame for most radical anti-gunners. They want to burden the Second Amendment with every conceivable infringement enough to make the people throw up their hands and give up their gun rights entirely.
Take Hawaii, for example. Once again this week, the Aloha State is in court attempting to mount a defense for what are clearly indefensible and oppressive gun control measures.
Hawaii forced to defend its controversial gun control regime
One of the silliest statutes is the requirement that potential gun owners purchase a firearm within 10 days of obtaining a permit to purchase, or they must reapply. Furthermore, new gun owners must take their weapons to their local police station for inspection within five days of the transaction.
The case, Yukutake v. Lopez, was heard last May by a three-judge panel that determined the law to be unconstitutional. Hawaii appealed and received an en banc review from the Ninth Circuit.
The state’s attorneys argued that the time limit for purchases and the inspection requirement are not constraints on Second Amendment activities. Some of the Ninth Circuit judges disagreed.
Merely tweaking 2A infringements is not enough
One noted that the defendants argued that the law is not a “meaningful constraint” but merely an “incidental burden.” The jurist rightly added that all constitutional rights must be treated equally and that, while incidental burdens are to be expected, constraints on fundamental rights are not.
Hawaii’s position is that a citizen can ultimately purchase a firearm, so the state-imposed impediment is trivial.
Judges also heard that the state altered its 10-day rule to consummate the weapon purchase to 30 days. The hope is that the obvious ploy to appear to make a concession is just as unconstitutional as the previous limit.
A jurist observed that Hawaii lawmakers engaged in a pattern of slightly modifying controversial statutes just to ward off waves of litigation from Second Amendment defenders.
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