Todd Yukutake v. Anne E. Lopez

background check. Second, plaintiffs challenged § 134-3 to the extent that, as part of Hawaii’s firearms registration process, it requires a gun owner, within five days of acquiring a firearm, to physically bring the gun to a police station for inspection. The district court concluded that the challenged aspects of both provisions were facially

* This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader.

YUKUTAKE V. LOPEZ

unconstitutional under the Second Amendment and permanently enjoined their enforcement. The panel denied the State’s motion to dismiss the appeal as moot due to recent legislative amendments to both of the challenged provisions. The amended versions were sufficiently similar to the previous versions that any presumption of mootness was rebutted. The panel affirmed the district court’s judgment that § 134-2(e)’s short timeframe for completing a firearms purchase after obtaining a permit was unconstitutional under the Second Amendment. The purchase and acquisition of firearms is conduct protected by the plain text of the Second Amendment. Because § 134-2(e) regulates…