In December we reported on a lawsuit that was filed challenging provisions of Hawaiian law that subverted the rights of certain legal aliens. The nature of the law being challenged in the Aloha State, as the complaint stated, “prohibits adults who are not citizens of the United States, nor nationals or lawful permanent residents, from acquiring, purchasing, and owning and or possessing any firearm.” On January 16, 2025, a stipulated judgement and permanent injunction was issued.
The suit, Peter v. Lopez, filed by Alan Beck and Kevin Gerard O’Grady, “challenge[ed] the constitutionality of State’s laws that prohibits the acquisition, purchase, sale, ownership, and possession of firearms by persons who legally live in the United States pursuant to a Compact of Free Association (“COFA”).”
January 16’s stipulation and injunction stated the following:
The Parties agree that for purposes of this Stipulated Final Judgment and Permanent Injunction, “COFA Migrants” are citizens of the Federated States of Micronesia, the Republic of Palau, the Republic of the Marshall Islands, and any other country with which the United States has a Compact of Free Association, who are legally admitted into the United States pursuant to the Compact of Free Association the United States has with those countries.
Defendant (as well as her officers, agents, servants, employees, and all persons in active concert or participation with them who receive actual notice of the injunction) is hereby permanently enjoined from enforcing against Plaintiff and any other COFA Migrants;
…
The Attorney General shall advise all county governments and chiefs of police within the State regarding the existence of this Injunction and will further advise all county governments and chiefs of police within the State to comply with the terms of this Injunction.
The Honorable Micah W.J. Smith’s order from the United States District Court of Hawaii did not fall short on rendering proper and adequate relief. Part of the stipulation/order included that “a single payment in the total amount of TWENTY-EIGHT THOUSAND, FIVE HUNDRED DOLLARS ($28,500.00) for payment of attorneys’ fees and costs, subject to necessary legislative approval, made payable to the Law Office of Kevin O’Grady, LLC.”
“I am very happy with the result. My client is a law-abiding individual who has lived in Hawaii for many years,” Attorney Alan Beck said in a statement. “There is no reason why he should not be afforded the same firearm rights as everyone else.”
Beck and any of the co-counsels he has worked with have an exhaustive record of positive results in Hawaii and elsewhere they challenge unconstitutional laws. Peter v. Lopez was originally filed on November 27, 2024 and the stipulation/order was issued on January 16, 2025. Take into account that the “holiday season” was in the middle of that timeframe, these are impressive results.
A February 2020 report put out by Hawaii’s Department of Business, Economic Development & Tourism Research and Economic Analysis Division estimated the number of COFA migrants:
The U.S. Department of Interior’s Final Report on 2018 Estimates of COFA Migrants reported Hawaii to have 16,680 COFA migrants with a margin of error +/- 2,196 (2019). The University of Hawaii Economic Research Organization (UHERO) estimated 28,000 COFA migrants (Halliday, et al., 2019). For the purpose of this report, the estimates for the COFA population are based on the U.S. Census Bureau 2013 through 2017 American Community Survey (ACS) data, which estimates the COFA population to be 18,504.
This is a significant number of affected persons, around 1.2% of the population, who are going to be relieved by the order and Beck/O’Grady’s victory.
Hawaii is one of the so-called “hateful eight” Bruen-affected states. The Bruen decision handed down by the High Court in 2022 has continued to pay dividends to those who seek to challenge unlawful laws and policies. Hawaii and other jurisdictions similarly situated would save taxpayers a whole lot of money if they just folded on all the infringements. Unfortunately, they keep doubling down.
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