April 23, 2026

Second Amendment: “Hawaii is only engaged in a kind of malicious compliance”

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The Second Amendment Foundation has filed an amicus brief with the Ninth U.S. Circuit Court of Appeals in the case of Yakutake v. Hawaii, challenging two cumbersome state laws they say are “undermining” Second Amendment rights.

Joining SAF in this important brief is the Madison Society Foundation. The brief was prepared by veteran civil rights attorney Donald Kilmer.

“This is a case,” the 13-page brief begins, “where a state-actor purports to comply with the Constitution’s text and Supreme Court case law, while intentionally undermining the fundamental right at issue. In fact, Hawaii is only engaged in a kind of malicious compliance.”

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