November 2023 - Parks & Recreation - 29

en, 142 S. Ct. 2111, 213 L. Ed. 2d,
387 (2022), the issue before the
U.S. Supreme Court was " whether
a firearm regulation is consistent
with the constitutional protection
of the Second Amendment to
carry handguns publicly for selfdefense. "
In Bruen, the Supreme
Court held the Constitution presumptively
protects conduct that
is covered by the plain text of the
Second Amendment. Moreover,
to justify governmental regulation
of Second Amendment conduct,
" the burden is on the government
to
is
establish
that
the
regulation
consistent with this Nation's
historical tradition of firearm
regulation. " Bruen, however, acknowledged
a constitutional gun
regulation exception for an exclusion
of firearms in traditionally
" sensitive places. "
Further, in determining whether
a regulation
is
consistent
this Nation's historical
analyze
government's historical
applies
to
with
tradition
of firearm regulation, a federal
court would
how the
evidence
new circumstances
within the context of " the Second
Amendment's historically fixed
meaning. " In so doing, the federal
court would determine " whether
a historical regulation is a proper
analogue for a distinctly modern
firearm regulation, " which burdens
'a
law-abiding
citizen's
armed self-defense' "
right
Second Amendment:
Analogical reasoning requires
only that the government identify
a well-established and representative
analogue, not a historical
twin. So even if a modern-day
regulation is not a dead ringer for
historical precursors, it still may be
analogous enough to pass constitutional
muster.
to
under the
Hawaii Parks' Gun
Prohibition
On June 2, Hawaii Governor Josh
Green, M.D., had signed into law
Hawaii Senate Bill No. 1230 - a
bill for an act relating to firearms.
The Act was passed " to clarify, revise,
and update Hawaii's firearms
laws to mitigate the serious hazards
to public health, safety, and
welfare associated with firearms
and gun violence, while respecting
and protecting the lawful exercise
of individual rights. "
In pertinent part, the Act prohibited
a person with a state or federal
firearm license to " intentionally,
knowingly, or recklessly carry
or possess a loaded or unloaded
firearm, whether the firearm is operable
or not, and whether the firearm
is concealed or unconcealed "
while in any of the following locations
and premises within the
State, in particular:
[a]ny beach, playground,
park, or adjacent parking area,
including any state park, state
monument, county park, tennis
court, golf
Haw. Rev. Stat. § 134-A(a)(9).
Any person in violation of the
law would be " guilty of a misdemeanor. "
To enjoin enforcement
of the Act, Plaintiffs would have
to establish a likelihood of success
in upcoming trial proceedings
on the merits of their Second
Amendment claim.
Federal Court Opinion
Disagreement
In support of the Act, the State had
argued " there is a robust historical
tradition of restricting guns in places
like parks and beaches " citing a
very recent District of Maryland
case, Maryland Shall Issue, Inc. v.
Montgomery County, Civil Action
No. TDC-21-1736, 2023 U.S. Dist.
LEXIS 117902, 2023 WL 4373260
(D. Md. July 6, 2023).
As described by the federal discourse,
swimming
pool, or other recreation area or
facility under control, maintenance,
and management of the
State or a county, but not including
an authorized target range or
shooting complex.
In the case of Wolford v. Lopez,
2023 U.S. Dist. LEXIS 138190
(Dist. Haw. 8/8/2023), Plaintiffs,
individuals who had been issued
a permit to possess and carry a
firearm under state law, sought
a temporary restraining order
(TRO) to enjoin the State of Hawaii
from enforcing certain provisions
of this recently enacted statute,
which included a handgun
prohibition in parks and beaches
and their adjacent parking areas.
the opinion in " Maryland
Shall Issue " had found a historical
basis for " a Maryland regulation
prohibiting the carrying of firearms
at public parks, recreational
facilities, and multipurpose exhibition
facilities " :
After reviewing some historical
trict,
laws, the district court concluded
that those laws " demonstrate that
there is 'historical precedent' from
before, during, and after the ratification
of the Fourteenth Amendment
that 'evinces a comparable
tradition of regulation' of firearms
in parks. "
The federal district court disagreed
with the Maryland district
court's finding in the " Maryland
Shall Issue " opinion. In the opinion
of the court, the laws reviewed
in " Maryland Shall Issue " failed to
demonstrate " a national historical
tradition of prohibiting
carrying
firearms in parks, " which would
" support § 134-A(a)(9)'s restriction
PARK S ANDRECRE AT ION . OR G | NOVEMBER 2 0 2 3
| Parks & Recreation
29

November 2023 - Parks & Recreation

Table of Contents for the Digital Edition of November 2023 - Parks & Recreation

November 2023 - Parks & Recreation - Intro
November 2023 - Parks & Recreation - Cover1
November 2023 - Parks & Recreation - Cover2
November 2023 - Parks & Recreation - 1
November 2023 - Parks & Recreation - 2
November 2023 - Parks & Recreation - 3
November 2023 - Parks & Recreation - 4
November 2023 - Parks & Recreation - 5
November 2023 - Parks & Recreation - 6
November 2023 - Parks & Recreation - 7
November 2023 - Parks & Recreation - 8
November 2023 - Parks & Recreation - 9
November 2023 - Parks & Recreation - 10
November 2023 - Parks & Recreation - 11
November 2023 - Parks & Recreation - 12
November 2023 - Parks & Recreation - 13
November 2023 - Parks & Recreation - 14
November 2023 - Parks & Recreation - 15
November 2023 - Parks & Recreation - 16
November 2023 - Parks & Recreation - 17
November 2023 - Parks & Recreation - 18
November 2023 - Parks & Recreation - 19
November 2023 - Parks & Recreation - 20
November 2023 - Parks & Recreation - 21
November 2023 - Parks & Recreation - 22
November 2023 - Parks & Recreation - 23
November 2023 - Parks & Recreation - 24
November 2023 - Parks & Recreation - 25
November 2023 - Parks & Recreation - 26
November 2023 - Parks & Recreation - 27
November 2023 - Parks & Recreation - 28
November 2023 - Parks & Recreation - 29
November 2023 - Parks & Recreation - 30
November 2023 - Parks & Recreation - 31
November 2023 - Parks & Recreation - 32
November 2023 - Parks & Recreation - 33
November 2023 - Parks & Recreation - 34
November 2023 - Parks & Recreation - 35
November 2023 - Parks & Recreation - 36
November 2023 - Parks & Recreation - 37
November 2023 - Parks & Recreation - 38
November 2023 - Parks & Recreation - 39
November 2023 - Parks & Recreation - 40
November 2023 - Parks & Recreation - 41
November 2023 - Parks & Recreation - 42
November 2023 - Parks & Recreation - 43
November 2023 - Parks & Recreation - 44
November 2023 - Parks & Recreation - 45
November 2023 - Parks & Recreation - 46
November 2023 - Parks & Recreation - 47
November 2023 - Parks & Recreation - 48
November 2023 - Parks & Recreation - 49
November 2023 - Parks & Recreation - 50
November 2023 - Parks & Recreation - 51
November 2023 - Parks & Recreation - 52
November 2023 - Parks & Recreation - 53
November 2023 - Parks & Recreation - 54
November 2023 - Parks & Recreation - 55
November 2023 - Parks & Recreation - 56
November 2023 - Parks & Recreation - Cover3
November 2023 - Parks & Recreation - Cover4
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2021
https://www.nxtbookmedia.com