THE STATE OF ALOHA

George

Young is a Vietnam veteran from Hilo who served in the U.S. Army for 21 years. After the Army, Young found work as an airport security guard and, naturally, was allowed to carry a firearm. Then — after 17 years on the job — he retired.

More than a decade ago, Young was talking about the Constitution with his daughter, Tim. She told him that he was not allowed to carry a handgun in the State of Hawaii. Young was shocked. He couldn’t believe it. He always had the ability to carry a firearm because of his job. But after he retired, he lost that ability.

Tragically, his daughter was killed in a car accident in 2006 at the age of 22. That is when Young started what he calls his quest. “I made a promise that they cannot take your Second Amendment away,” he said. He wanted to prove it for her.

Young started applying for a permit to carry a firearm in public — either concealed or openly — with the chief of police in Hawaii County. Unsurprisingly, the permit was never granted. The law limited such permits to “an exceptional case” that shows “reason to fear injury” to person or property. Turned out that not a single permit has ever been granted to regular folks who are not security guards or similar employees.

Young sued his county. He was on his own. Not only did he lack the funds to hire a lawyer, no attorney was willing to help.

“I went around the state of Hawaii and contacted about 17 attorneys and all of them turned me down. They said I would only lose,” said Young in an interview earlier this year.

The lawsuit and his argument was simple and straightforward: the law violated his Second Amendment right to bear arms. He lost. The court dismissed the lawsuit at the request of the county and the State of Hawaii. It wouldn’t be the first time.

Young has sued his county over the same issue in 2008, 2010 and 2012. The court dismissed it every time. But in his last failure, it was different. He appealed.

Federal courts divide the country into different circuits that cover multiple states. Hawaii, Guam, American Samoa, and the majority of the western states are all in a single circuit — the 9th. Three judges are selected to hear an appeal and decide the case. They hold oral arguments in which they pepper the parties with legal questions — a daunting experience that can make even the most experienced attorney blanch.

And Young still had no lawyer. Even the National Rifle Association turned him down. That’s where Alan Beck, a San Diego attorney, comes in. He is what you would call a “Second-Amendment lawyer” advocating for gun owners and challenging regulations on the right to bear arms — especially in Hawaii. Beck decided to take on the case pro bono — for free.

Young’s case is pivotal in the ongoing debate of the Second Amendment and what it means. The Supreme Court of the United

States breathed new life into the words of the amendment in 2008, when it struck down a gun restriction preventing people in the District of Columbia from owning or possessing a handgun for self-defense within their own home. In doing so, the Supreme Court held that the Second Amendment is a personal right held by individuals (not a local militia). The case unleashed litigation and challenges across the country.

But Young’s question is different from the seminal case decided a decade ago. Young wants a handgun for his self-defense outside the home in public. That was the question the 9th Circuit wrestled with in his appeal. Two months ago, the appellate court announced its decision and Young enjoyed his first victory in court. The Hawaii statute, according to the court, is an unconstitutional infringement on Young’s right to bear arms. In other words, we have a right to carry firearms openly and in public for the purpose of self-defense.

The decision is controversial. Judge Richard Clifton, who is based in Honolulu, was one of the three judges who heard Young’s appeal. He sided with the county in his dissent. The statute, he wrote, has adequate measures that do not completely infringe on the right to bear and carry firearms.

One thing is clear: the case is far from over. The 9th Circuit may rehear the entire appeal by having a panel of 11 appellate judges. And after that the next stop would be the Supreme Court of the United States.

Young is not backing down. “I want to see it through to the end, which is the U.S. Supreme Court.” From the looks of it, the pro se litigant from Hilo might get his wish.

Ben Lowenthal is a trial and appellate lawyer, currently with the Office of the Public Defender, who grew up on Maui. His email is 808stateofaloha@gmail.com. “The State of Aloha” alternates Fridays with Sarah Ruppenthal’s “Neighbors.”