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Thursday 27 October 2016

UK citizen alleges Honolulu police depriving his gun rights

Published 13/11/2015 | 02:26

Hawaii has some of the strongest gun laws in the US
Hawaii has some of the strongest gun laws in the US

A UK citizen who lives in the US is taking legal action in Hawaii over his right to own guns.

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Andrew Namiki Roberts, a legal permanent US resident, alleges in a lawsuit that the Honolulu Police Department discriminates against non-US citizens by making it difficult for them to obtain firearm permits.

Hawaii has some of the strongest gun laws in the nation, and is the only state that requires firearms to be registered at a state-wide level, which is done through county police departments.

Hawaii's permit allows someone to purchase a firearm, transport it to limited places such as a shooting range or gunsmith, or use it for hunting.

Hawaii only granted permits to US citizens until a judge in Honolulu last year ruled that was unconstitutional.

The department is trying to get around that ruling by verbally requiring those with green cards to obtain additional clearance from their countries of citizenship, said the lawsuit filed last week in court in Honolulu.

Honolulu resident Mr Roberts, who was born in England, was given a permit to acquire rifles and shotguns, which must first be obtained before purchasing one.

He then took a firearms safety course, which is required to obtain a permit for a handgun, according to his lawsuit.

But when the self-employed photographer tried to get a handgun permit, he was told his background check was deemed incomplete and he needed a letter from the British consulate clearing his background.

His lawyer, Richard Holcomb, said the department could not produce written policy about requiring such documentation, but even if it could, it is an unfair requirement.

"They can't discriminate against permanent resident aliens," he said.

The department will not comment on pending litigation, police spokeswoman Michelle Yu said.

The lawsuit notes that Hawaii law says if the permit applicant is not a US citizen and is eligible to acquire a firearm, an inquiry on the applicant will be made using the National Instant Criminal Background Check System and the Immigration and Customs Enforcement databases.

The department also revoked his previously issued permit that allowed him to purchase a shotgun and then seized the weapon he bought from Sports Authority, the lawsuit said.

Requiring Mr Roberts, who has been a permanent resident for about nine years, to get additional documentation from England is like insisting that US citizens obtain clearances from countries they have lived in previously, Mr Holcomb said.

"Mr Roberts has the constitutional right to keep and possess firearms in his home for the purpose of self-defence," his lawsuit said.

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