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The Sportsmen’s Alliance Foundation filed an amicus curiae brief in the United States Supreme Court in a case challenging Hawaii’s concealed carry laws under the Second Amendment. This is the second time in the last week that SAF has urged a court to invalidate a law under the Second Amendment.
Hawaii does not respect the right to carry firearms. Between 2000 and 2018, the state issued just four concealed carry licenses. Things changed in 2022, when the Supreme Court declared that the Second Amendment protects the right to carry a firearm outside the home. After that, Hawaii—along with New York, New Jersey, Maryland, and California—passed “default private property” or “vampire rules.” Under these rules, people exercising their right to carry a firearm need to get express permission from the open establishment before they can enter.
To justify its default rule, Hawaii is relying on classist hunting “qualification” laws that were a result of European feudalism. The brief explains that “early British game laws … were originally made with a view of taking the arms out of the hands of the common people, or at least with a design of rendering them in-expert in the use of them.” The colonial governments attempted to import these wealth qualifications to the United States. Hawaii and the other states that have adopted the default rule argue that these qualification laws establish a tradition of banning firearms under the Second Amendment.
As the brief points out, however, “America’s early settlers promptly rejected their mother country’s legacy of conditioning the right to take game on wealth and birthright.” And after the Revolution, courts referred to these qualification laws as “productive of tyranny” and “contrary to the spirit of our institutions.”
“We filed the brief to make sure those classist hunting laws that were rejected openly by the courts for 150 years remain in the past,” said Michael Jean, Litigation Counsel for SAF. “Those laws were never part America’s hunting heritage. They should serve as cautionary tales, and no more.”
Animal extremists already bully sportsmen. We do not need to be bullied by gun control extremists working to take away our firearms. The Sportsmen’s Alliance is fighting against those who are working to crater our heritage and traditions. Join us or donate to the Sportsmen’s Legal Defense Fund to help stand up against the relentless assault on our values and lifestyle by animal extremists and gun control advocates. Present and future generations are depending on your willingness to fight to protect the future of hunting, fishing, and trapping.
The Sportsmen’s Alliance guarantees hunting, fishing and trapping for the American sportsman now and forever. We’re there when sportsmen need us most. We are the only organization specifically created to protect the individual hunter, angler and trapper – no matter the threat. We will never compromise when it comes to defending our way of life in the courts, in the legislatures, in the public square and at the ballot box. We make this promise to the American sportsman: we will never give up and never give in while proudly securing our future against those seeking to destroy our values, beliefs, and traditions. Stay connected to Sportsmen’ Alliance: Online, Facebook, Twitter and Instagram.