Hawaii Gun Laws Face Legal Challenge Over Ban on Firearm Ownership for Adults Under 21
Hawaii’s gun laws, which are among the strictest in the nation, are currently facing legal challenges as two young adults have filed a lawsuit against the state’s ban on firearm ownership for residents ages 18 to 20.
Elijah Pinales, 19, and Juda Roache, who turns 18 next month, filed the lawsuit in US District Court in Honolulu, asserting their right to own firearms for self-defense. Their legal team claims Hawaii is the only state with a total ban on acquiring and possessing firearms and ammunition for adults in this age group.
Under federal law, individuals must be 21 to purchase a handgun from a licensed dealer but can buy long guns starting at 18. Additionally, adults under 21 can purchase handguns through private transactions. However, several states have recently moved to raise the minimum age for gun purchases to 21. Colorado recently enacted such measures, and states like New York and Illinois have laws limiting firearm possession for individuals under 21.
“Hawai’i has some of the strongest gun laws in the country and it has among the very lowest gun death rates,” argued David Pucino, legal director and deputy chief counsel for the Giffords Law Center to Prevent Gun Violence, according to the Associated Press. “That’s not an accident, but it hasn’t stopped extremists from attacking Hawai’i’s gun laws at every turn.”
The lawsuit challenges the ban by emphasizing the rights of young adults under the Constitution. “There can be no real argument that adults under 21 are not part of the national community,” the filing states, noting that individuals aged 18 to 20 are granted full voting rights, can serve in the military, and are otherwise considered full members of society.
The plaintiffs are seeking a preliminary injunction to halt the enforcement of Hawaii’s ban on young adults. Their argument is bolstered by a landmark 2022 Supreme Court decision affirming that Americans have the right to carry firearms in public for self-defense, and that state gun control laws must align with the historical tradition of firearm regulation in the country. The lawsuit contends there is no historical precedent for prohibiting adults under 21 from purchasing or owning firearms.
Hawaii’s ban has been in place since 1994. The lawsuit alleged that the state has “doubled down” on the ban this year by including a prohibition on ammunition possession for adults under 21.
