A divided Ninth Circuit court issued a Tuesday ruling upholding two of Hawaii’s gun purchase rules.
In a 6-5 en banc ruling in Yukutake v. Lopez, the court lifted a lower court’s injunction on a state rule mandating that a handgun permit expires if it is not used to purchase a firearm within 30 days of issuance. The other rule mandates that some newly acquired firearms must be taken to a police station for inspection.
Judge John Owens argued that these rules are compatible with a “shall-issue” policy, which means the authorities must grant a permit if one meets the requirements. The majority also argued that “the provisions impose only modest, procedural burdens” and that “They do not materially impede Plaintiffs from acquiring firearms.”
NEW: In a 6-5 vote, the en banc Ninth Circuit upheld Hawaii's handgun acquisition permit deadline and firearm inspection requirement under the Second Amendment, reversing an injunction against the laws. pic.twitter.com/xcLzG9vGgD
— SCOTUS Wire (@scotus_wire) September 22, 2026
The case originated when two Honolulu gun owners obtained a permit but missed the 30-day buying window. This meant they had to start the process over. The plaintiffs said the inspection trip cost them work time.
A federal judge and a 3-judge panel struck both rules down.
Judge Ryan Nelson argued that purchasing firearms is protected by the Second Amendment and that the Supreme Court’s ruling in New York Rifle & Pistol Association v. Bruen requires the state to show that its rules are consistent with America’s historical firearm regulation. The ruling also says gun laws and rules are not allowed to be abusive.
Another "gift" from the 9th Circuit en banc court, lifting the preliminary injunction blocking parts of Hawaii's permit-to-purchase scheme. Clearly Wolford means nothing to the 9th Circuit when they still have Bruen's footnote 9 to fall back on. pic.twitter.com/lDXdiChJZo
— Hannah Hill (@hannahhill_sc) September 22, 2026
This is clearly a political ruling because neither of these laws complies with the requirements laid out in Bruen. No laws passed during the Founding era are similar to these rules. Back then, people were not required to obtain permits that expired in 30 days, nor were they forced to allow a government officer to inspect them.
Moreover, neither of these laws would protect anyone. There is nothing about requiring a person to purchase a firearm within 30 days and have their guns inspected that will save a single life. Hawaii’s government knows this.
These rules exist only to make gun ownership harder, which is a blatant violation of the Second Amendment. But when have these politicians ever cared about the Constittution, anyway?