CHICAGO – Attorney General Kwame Raoul, as part of a coalition of 17 attorneys general, filed an amicus brief supporting states’ authority to enact reasonable firearms regulations to protect their communities from gun violence and ensure that only law-abiding, responsible citizens are permitted to purchase firearms.
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In the brief, filed in Yukutake v. Lopez with the U.S. Court of Appeals for the 9th Circuit, Raoul and the attorneys general urge the court to reverse a lower court decision striking down two provisions in Hawaii’s firearm permitting scheme. Hawaii’s system imposes a 30-day time limit on purchase permits and requires limited inspections of firearms that are imported from out-of-state, are sold by a non-licensed individual, or are unserialized ghost guns. The brief highlights states’ interests in implementing appropriate, reasonable regulations tailored to their specific circumstances and argues that the provisions do not constrain Second Amendment rights.
“Advocating for commonsense gun safety measures has been one of my top priorities throughout my career, particularly because states have the ability to craft gun safety regulations that protect the public from gun violence,” Raoul said. “That is why I am urging the court to reverse its decision that these regulations are unconstitutional. I will continue to work to advocate against the scourge of gun violence that has become common in too many communities around Illinois and across the nation.”
Raoul and the attorneys general argue states have primary responsibility to protect the health, safety, and welfare of their citizens – including protecting those citizens from the harmful effects of gun violence and promoting the safe and responsible use of firearms. They explain further that the Second Amendment permits states to enact a variety of regulations to combat the misuse of firearms and enables solutions that suit local needs and values.
Hawaii’s restrictions fall well within that authority. The permitting 30-day limit helps to ensure that only law-abiding, responsible citizens are allowed to purchase, possess and carry a firearm within its borders. And inspection requirement allows the state to obtain and verify the serial numbers of firearms imported from out-of-state or sold by a non-licensed individual, or identify non-serialized ghost guns, which is information the state would routinely obtain for firearm purchases from in-state, licensed dealers.
Joining Raoul in filing the brief are the attorneys general of California, Colorado, Connecticut, Delaware, the District of Columbia, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New York, Oregon, Rhode Island, Vermont and Washington.
