Everytown Submits Amicus Brief in Case Challenging Hawaii Law Prohibiting Tasers and Stun Guns (Roberts v. Suzuki)

September 19, 2019

HONOLULU, HI – Everytown for Gun Safety filed this amicus brief in the United
States District Court for the District of Hawaii in a case challenging under the
Second Amendment a Hawaii law prohibiting the civilian possession of electric
arms such as tasers and stun guns. Everytown’s brief makes two doctrinal
points in response to arguments advanced by plaintiff. First, Everytown
demonstrates the circularity and illogic of the “common use” test argued for by
plaintiff, based on sales data, which cannot be reconciled with the Supreme
Court’s decision in Heller, binding court of appeals precedent, or common sense,
and which, if accepted, would threaten public safety. Second, the brief explains
why the “strict scrutiny” standard argued for by plaintiff is not the correct Second
Amendment standard—and why, applying it here, would be inconsistent with
more than a century’s worth of history of laws prohibiting other weapons less
deadly than firearms.

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