Hawaii Turning Heated Arguments into ‘Justification’ for Taking Your Guns
Article first appeared on Ammoland.com
U.S.A. – -(Ammoland.com)- Have you ever gotten into an argument with someone? Did you raise your voice? Did things get loud?
Did you lose your temper and swear at the object of your anger? Congratulations. The State of Hawaii would order you to surrender your guns.
The case is Lance S. Choda v. County of Hawaii, and the complaint was filed on September 14 by attorneys Alan Beck and Kevin O’Grady in the United States District Court for the District of Hawaii.
Hawaii is especially strict when it comes to guns and violence, not just the domestic kind, and not just in the state, but everywhere, in Everytown. Per state law:
“No person who is under indictment for, or has waived indictment for, or has been bound over to the circuit court for, or has been convicted in this State or elsewhere of having committed a felony, or any crime of violence, or an illegal sale of any drug shall own, possess, or control any firearm or ammunition therefor.”
And “thanks” to that law, which requires the registration of all firearms, they know who’s got what, at least among the “law-abiding.” So when the police order you to give up your guns by a certain date, you know if you don’t you can expect a visit by heavily armed enforcers conditioned to view armed citizens as an anomaly and a threat.
That’s what Lance Choda is facing, and to make matters worse, he committed no act of violence. Per the complaint, he just shouted back at a neighbor who was shouting at him. From the “Statement of Facts”:
“On December 19, 2020, Choda started his vehicle’s engine at night. Choda’s neighbor yelled at him to be quiet. Choda yelled at his neighbor. Profanity was used. Choda and his neighbor yelled at each other. Police were called. While police were present Choda yelled at his neighbor using profanity. Choda and his neighbor were on their own properties separated by a fence. No threats were made. No physical contact occurred between Choda and his neighbor. Choda was arrested for disorderly conduct;”
Tell me this could not have happened to anyone. And the result of that incident?
Choda pled no contest and was found guilty of harassment and disorderly conduct.
Thinking the past was behind him, “Choda applied for a permit to get another firearm.” And then a not-so-funny thing happened. An outrageous and intolerable thing happened:
“On August 11, 2021, COUNTY delivered a letter to Choda informing him that the police department had denied his permit to acquire firearms and informing him that he had until September 15, 2021, to dispose of all firearms and ammunition within thirty days.”
The county is misinterpreting state law and treating it as a conviction for a “crime of violence” and they further warned him:
“Any firearms and ammunition presently in your possession must be disposed of by September 15, 2021. Failure to do so may result in seizure of the firearms and ammunition and criminal prosecution under Chapter 134 of the Hawaii Revised Statutes.”
Obviously, it’s past September 15. Attorneys Beck and O’Grady applied for a temporary restraining order and obtained a stipulation, signed by the judge, that the deadline “is extended until five business days after resolution of the above-captioned litigation[and] that no agent or person …may arrest, prosecute or otherwise initiate criminal or civil sanctions against Mr. Choda for failure to turn in or transfer his firearms … until five business days after resolution of the above-captioned litigation.”
So, it could still happen then. And we’d better believe it, there are plenty of would-be totalitarians, eager to see such edicts imposed in the mainland. It’s enough to make a measured and rational man want to scream profanities at them. For starters.
That such tyranny – and that’s what this is – is possible at all in a Republic where the Constitution is alleged to be “the supreme Law of the Land,” and where “the right of the people to keep and bear arms” is supposed to be immune to infringements, speaks to how far the rulers — who were intended to be servants — have perverted the intent of the Founders.
The complaint and supplemental documents are embedded below:
About David Codrea:
David Codrea is the winner of multiple journalist awards for investigating/defending the RKBA and a long-time gun owner rights advocate who defiantly challenges the folly of citizen disarmament. He blogs at “The War on Guns: Notes from the Resistance,” is a regularly featured contributor to Firearms News, and posts on Twitter: @dcodrea and Facebook.