Lawsuit Challenging Hawaii’s Ban on Gun Ownership by Micronesians Who Aren’t U.S. Citizens but Who Are Allowed to Live in the U.S. Long-Term
From the motion for preliminary injunction in Peter v. Lopez (D. Haw.), filed Wednesday:
Plaintiff is a long-term resident of Hawaii who legally lives in the United States pursuant to the Compact of Free Association (“COFA”) the United States has with various islands nations located in the Pacific. “The Compact grants [citizens of the Federated States of Micronesia] and citizens of other compact states [Palau and the Marshall Islands] liberal opportunities to work and reside in the United States.” COFA aliens “admitted to the United States under the Compacts may reside, work, and study in the United States. They do not have the status of lawful permanent residents (also known as Green Card holders) under the Immigration and Nationality Act (INA).”
Hawaii Revised Statutes § 134-2 generally bans gun ownership by non-citizens (with some exceptions), which covers COFA aliens among others:
In Fotoudis v. City & County of Honolulu (D. Haw. 2014), this Court enjoined H.R.S. § 134-2’s prohibition on noncitizen’s owning firearms as applied to permanent resident aliens i.e. green card holders. After th
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