HONOLULU (AP) — Hawaii Gov. Josh Green on Friday signed legislation that will allow more people to carry concealed firearms but at the same time prohibit people from taking guns to a wide range of places, including beaches, hospitals, stadiums, bars that serve alcohol and movie theaters. Private businesses allowing guns will have to post a sign to that effect.

The legal overhaul comes in response to a U.S. Supreme Court ruling from last year that expanded gun rights by saying Americans have a right to carry firearms in public for self-defense.

New York and New Jersey adopted similar laws last year that quickly met legalchallenges which are making their way through federal courts.

Green, who is a physician by training and has been an emergency room doctor in Hawaii for decades, said gun violence is a public health crisis and action needs to be taken to address it.

“On many occasions in my training back on the mainland, I was one of the physicians that took care of individuals who were victims of gun violence. Not only that, I lost a loved one to a suicide with a gun,” Green said before signing the measure. “And so anything that we can do, we should.”

Rep. David Tarnas, chair of the House judiciary committee, said lawmakers carefully crafted the measure to be consistent with the high court’s interpretation of the Second Amendment right to bear arms and also establish what he called a “fair system” for regulating concealed carry permits.

“We aim to create a balanced approach that respects the rights of gun owners and the need to maintain a safe and protected space in Hawaii,” Tarnas said.

Hawaii has long had some of the strictest gun laws in the nation.

Before the Supreme Court ruling, Hawaii law gave county police chiefs the discretion to determine whether to issue gun owners a permit to carry. Police chiefs rarely did. They issued just six such permits in 21 years, making it virtually impossible for civilians to carry guns in Hawaii. Otherwise state law only allowed people to keep firearms in their homes and to transport them – unloaded and locked up – to shooting ranges, hunting areas and other limited places like repair shops.

In 2022, Hawaii had the second-lowest gun death rate among the 50 states, according to data from the U.S. Centers for Disease Control and Prevention. Only Massachusetts had a lower figure.

Andrew Namiki Roberts, the director of the Hawaii Firearms Coalition, said Hawaii lawmakers wanted the law to be a “workaround” of the high court’s decision in New York State Rifle and Pistol Association v. Bruen. He said the new law effectively makes it so people can’t carry firearms in public for self-defense and is a “gross infringement” on the Second Amendment.

“It limits carrying a firearm to public sidewalks and private businesses — if you can get permission. All other places in the state, it’s going to be illegal to carry a firearm,” he said.

Kainoa Kaku, president of the Hawaii Rifle Association, said it showed the state’s leaders viewed “law-abiding, gun-owning citizenry of Hawaii as criminals.”

“They are so stupid they cannot tell the difference between someone who doesn’t follow the law and commits crimes with firearms and someone that just wants to protect themselves and their family with a gun,” he said.

Both gun rights groups plan to challenge the new law in court.

Attorney General Anne Lopez said her office was prepared to fight these lawsuits.

Kaku also objected to the anticipated expenses of the new law, estimating it will cost gun owners $1,000 to take all the classes and proficiency tests required to obtain a concealed carry permit that will only be valid for four years.

The governor also signed another bill requiring the state Department of Education to develop a training program to help public and charter schools respond to school shootings.

NASHVILLE, Tenn. (AP) — Tennessee Gov. Bill Lee’s administration accused the National Rifle Association of wanting to use involuntary commitment laws “to round up mentally ill people and deprive them of other liberties,” according to documents drafted by the Republican’s staffers as part of their initial attempt to pass a gun control proposal earlier this year.

The memos, provided by Lee’s office as part of a public records request, reveal a rare criticism of the powerful gun lobby made by the Republican governor. Lee has previously praised the NRA’s efforts to protect the Second Amendment but has since faced opposition from the group as he works to pass gun control legislation in response to a deadly Nashville school shooting that took place in late March.

So far, Lee has proposed keeping firearms away from people who could harm themselves or others. He’s currently facing pushback from both the GOP-dominant General Assembly and firearms rights advocacy groups, including the NRA, that are wary of loosening gun laws in ruby red Tennessee. The NRA’s opposition is particularly notable because the group was a crucial player in Lee’s successful push in 2021 to pass a law that allows people 21 and older to carry handguns without a permit in Tennessee.

That means Lee has been forced to go on the defensive, arguing that what he has proposed is not, in fact, a so-called red flag law like those adopted by other states in the wake of tragedies. Instead, the talking points show he is attempting to sell his proposal as “the most conservative in the nation” and the best plan for “Second Amendment advocates.” He also is taking aim at advocates who want to focus on Tennessee laws that allow committing people without their permission if they pose “a substantial likelihood of serious harm” due to a “mental illness or serious emotional disturbance.”

“Not only is the NRA’s proposal impractical — it would drastically expand the scope of government,” one of the memos reads.

In announcing his plan publicly in April, Lee acknowledged the proponents of involuntary commitment, but did not name the NRA.

“Some advocates of the Second Amendment say something called ‘involuntary commitment’ is the answer, but that would restrict all kinds of constitutional rights, including the Second Amendment,” Lee said at the time. “It’s not the best way.”

Speaking with reporters on Wednesday, House Speaker Cameron Sexton further lowered expectations that Lee’s proposal has a chance to pass, saying he doesn’t think he and fellow Republican lawmakers support red-flag-esque laws. He said some other areas of policy could be considered: involuntary commitment, more mental health in-patient beds, better database updating for background checks, a new state-level offense beyond the federal law prohibiting felons from having a certain amount of ammunition, and broadening state law so more types of violent threats could be considered a crime.

“When you look at what the NRA is saying, is you currently have laws on the books — emergency, involuntary commitment,” Sexton told The Associated Press on Wednesday. “And so, use what you have.”

The governor initially unveiled his legislation just weeks after six people — including three young children — were killed in a Nashville school shooting. Lee’s wife, Maria, was friends with the head of the school and a substitute teacher who were among those killed.

Despite Lee’s urging for lawmakers to pass his proposal, GOP leaders have resisted. The Legislature adjourned without taking up the issue in April, but Lee has since called them to come back to address the matter in late August.

The documents reviewed by AP show that Lee’s administration drafted the talking points in April. They tout the governor’s proposal as “more targeted and more limited” than what the NRA currently supports. It’s unclear where the memos were circulated or how many people outside Lee’s office received them.

In the memo, Lee’s office wrote that the NRA’s plan “does not get at the heart of the problem, as it fails to address unstable individuals who suffer from mental health issues but do not qualify for involuntary commitment to a facility.”

“Gov. Lee believes the best path forward is practical, thoughtful solutions to keep communities safe and protect constitutional rights,” his spokesperson, Jade Byers, said in an emailed statement. “He looks forward to speaking with key stakeholders, including the NRA, and working with legislators on proposals in the months ahead.”

In an April memo, the NRA’s lobbying arm urged its supporters to oppose Lee’s plan. The group noted that “Tennessee already has broad civil commitment laws” and added that the state could improve access to emergency mental health services.

Asked about the governor’s office talking points about their group, NRA spokesperson Amy Hunter didn’t address the claims, saying in a statement that the group is focused on “preserving and advancing the rights of law-abiding gun owners in Tennessee.”

————————————————————————————–Yet Billy Lee thinks it’s okay to deprive his constituents of other civil liberties such as the Right to Bear Arms and the Right to Due Process

When Governor Murphy and the New Jersey Democrats rushed a flurry of gun laws through the legislature last June of 2022, one of the laws rammed through was under the guise of banning guns with no serial numbers.

This law banned millions of rifles, shotguns, handguns, hunting guns, target shooting guns, military surplus guns, and virtually ALL muzzleloaders, black powder guns, antique guns, air guns and BB guns.

There are NO exceptions and there is NO grandfathering. This was the largest gun ban ever passed in the history of the United States.

The law bans ALL firearms with a “…firearm frame or firearm receiver …which is not imprinted with a serial number registered with a federally licensed manufacturer…”

The term “firearm frame or firearm receiver” means the part of a firearm that provides housing for the internal components.

For ANY firearm to be legal in New Jersey, it must now meet two criteria established by this law:

1) the firearm must be imprinted with a serial number; and

2) the serial number must be registered with a federally licensed manufacturer.

Under these requirements, the following types of firearms are now banned in New Jersey with no grandfathering or exceptions:

1) All pre-1968 rifles, shotguns, and handguns without serial numbers. Warning: Prior to 1968, there was no federal law requiring guns to have serial numbers.

2) All modern rifles, shotguns, pistols, and revolvers with serial numbers, but are not registered with a federally licensed manufacturer. This would include most modern imported rifles, shotguns, pistols, and revolvers, plus foreign firearms, and military surplus firearms from countries around the world, if these companies were not federally licensed manufacturers (e.g., Lugers, P-38s, Mausers, Arisakas, Enfields, SKSs, Carcanos, Webleys, Norincos, Mosins, etc.).

3) All BB guns without serial numbers. New Jersey includes BB Guns/Air Guns in its legal definition of a “firearm.”

4) All BB guns with serial numbers but are not registered with a federally licensed manufacturer. This would include most BB guns made, because there is no federal firearms manufacturing license required to make BB guns (e.g., Daisy, Crossman, Gamo, etc.).

5) All muzzleloading/black powder firearms without serial numbers. New Jersey includes black powder guns in its legal definition of “firearm.”

6) All muzzleloading/black powder firearms with serial numbers but are not registered with a federally licensed manufacturer. This would include most muzzleloading/black powder firearms made and/or imported because there is no federal firearms manufacturing license required to make or import muzzleloading/black powder firearms.
5) All antique firearms without serial numbers. Antique firearms are “firearms” under New Jersey law.

6) All antique firearms with serial numbers but are not registered with a federally licensed manufacturer. This would include most antique firearms because a federal firearms manufacturing license did not even exist at the time the antique firearms were manufactured.

The penalties for violating the new law are severe and draconian, as with most NJ gun laws:

1) Under N.J.S. 2C:39-3 n. possession of a banned firearm is a crime of the Third Degree which carries a maximum of five (5) years in State Prison and a $15,000 fine.

2) Under N.J.S. 2C:39-9 k. & n. purchase, transport, shipping, selling, or disposing of a banned firearm is a crime of the Second Degree which carries a maximum of ten (10) years in State Prison and a $150,000 fine.

Determining whether your firearm was made by a federally licensed manufacturer is difficult and will require research of each specific firearm. Of course, some guns are obviously made by U.S. licensed manufacturers, such as Smith & Wesson, Colt, Ruger, Winchester, Remington, etc. Many other firearms, particularly those that were imported, might or might not have federal manufacturing licenses for other models of guns that they make.

Unfortunately, this law is poorly written, and no guidance is given in the law as to how such determinations are to be made. As with most gun laws in New Jersey, gun owners BEWARE.

This new law is an excellent example of how a law is sold to the public as one thing, but its actual effect is something else entirely. It was either intentionally done to give New Jersey the record for the largest gun ban in U.S. history, or it is an example of just how ignorant our legislators are about guns and the law. It’s most likely a combination of both.

About Evan Nappen

Known as “America’s Gun Lawyer,” Evan Nappen is above all a tireless defender of justice. Host of the praised “Gun Lawyer” Podcast, author of eight bestselling books and countless articles on firearms, knives, weapons history, and the law, a certified Firearms Instructor, and avid weapons collector and historian with a vast collection that spans almost five decades, it’s no wonder he’s become the trusted, go-to expert for local, industry, and national media outlets. Called on regularly by radio, television, and online news media for his commentary and expertise on breaking news, Evan has appeared on countless shows including Fox, CNN, Court TV, WOR-New York. As a creative arts consultant, he also lends his weapons law and historical expertise to an elite, discerning cadre of movie and television producers and directors, and novelists. He also provides expert testimony and consultations for defense attorneys across America. Visit www.evannappen.com for expert legal assistance.