{"id":93209,"date":"2023-05-27T13:53:44","date_gmt":"2023-05-27T18:53:44","guid":{"rendered":"https:\/\/milesfortis.com\/?p=93209"},"modified":"2023-05-27T13:53:44","modified_gmt":"2023-05-27T18:53:44","slug":"93209","status":"publish","type":"post","link":"https:\/\/milesfortis.com\/?p=93209","title":{"rendered":""},"content":{"rendered":"<p><a href=\"https:\/\/bearingarms.com\/tomknighton\/2023\/05\/26\/big-win-for-homesick-sailor-forced-to-surrender-guns-n70882\" target=\"_blank\" rel=\"noopener\">Big win for homesick sailor forced to surrender guns<\/a><\/p>\n<p>If someone feels a little down because they miss their family, is that alarming? So alarming that people should be forced to give up their guns?<\/p>\n<p>That was the question at the heart of the matter in a case involving\u00a0<a href=\"https:\/\/bearingarms.com\/tomknighton\/2022\/04\/07\/gun-in-hawaii-n57187\" target=\"_blank\" rel=\"noopener\">a Navy sailor stationed in Hawaii<\/a> who was denied a gun permit and required to turn in his firearms because he acknowledged seeing professional help to deal with that depression.<\/p>\n<p>Some would argue that missing one\u2019s family is a good sign, a sign that they have people who love them and whose love is reciprocated.<\/p>\n<p>Hawaii didn\u2019t really get that.<\/p>\n<p>The state stomped on the rights of Michael Santucci and Santucci responded with a lawsuit.<\/p>\n<p>On Thursday, he scored a big win.<\/p>\n<blockquote class=\"twitter-tweet\" data-width=\"550\" data-dnt=\"true\">\n<p lang=\"en\" dir=\"ltr\">Today marks another significant victory for the Second Amendment in Hawaii, all thanks to a homesick sailor.<\/p>\n<p>The case of Santucci V. City and County of Honolulu saw a preliminary injunction become permanent today. The lawsuit was initiated by Michael Santucci, an officer serving\u2026 <a href=\"https:\/\/t.co\/RKhUn2qE09\">pic.twitter.com\/RKhUn2qE09<\/a><\/p>\n<p>&mdash; hawaii firearms coalition (@hificoorg) <a href=\"https:\/\/twitter.com\/hificoorg\/status\/1661801496315592704?ref_src=twsrc%5Etfw\">May 25, 2023<\/a><\/p><\/blockquote>\n<p><script async src=\"https:\/\/platform.twitter.com\/widgets.js\" charset=\"utf-8\"><\/script><\/p>\n<p>Santucci did everything right and by the book. He sought to register his firearms with the state as required and acknowledged getting help for his depression.<\/p>\n<p>As a result, he was told to hand in his guns and forfeit one of the rights he serves in our military to protect for the rest of us.<\/p>\n<p>It was idiotic.<\/p>\n<p>Luckily, the judge agreed.<\/p>\n<blockquote><p><span style=\"color: #000000;\"><strong><span style=\"font-size: 12pt;\">The court agreed with Mr. Santucci that he was not disqualified from registering his firearms based on Section 134-7. It determined that Mr. Santucci\u2019s affirmative response to Question 11 of the Firearm Application Questionnaire, which inquired about behavioral, emotional, or mental disorders, did not render him ineligible for firearm registration or ownership under the statute. The court concluded that Mr. Santucci should not have been required to provide a doctor\u2019s letter or compelled to surrender his firearms solely based on his affirmative response to Question 11.<\/span><\/strong><\/span><\/p>\n<p><span style=\"color: #000000;\"><strong><span style=\"font-size: 12pt;\">Honolulu argued that it was obligated by law to request a doctor\u2019s letter in accordance with Section 134-3, which mandates firearm registration using forms prescribed by the Attorney General. However, the court found no basis for requiring a doctor\u2019s letter after an affirmative response to Question 11, as neither the statute nor the prescribed form supported such a requirement.<\/span><\/strong><\/span><\/p>\n<p><span style=\"color: #000000;\"><strong><span style=\"font-size: 12pt;\">The court granted the preliminary injunction, ordering the return of Mr. Santucci\u2019s firearms, and enjoined Honolulu from demanding specific certifications solely based on an affirmative response to Question 11. It also stipulated legal fees to be paid in the matter, with Honolulu paying $102,500 and the State paying $28,000 more.<\/span><\/strong><\/span><\/p><\/blockquote>\n<p>So, in other words, it wasn\u2019t just a win for Santucci, but also for gun owners in general.<\/p>\n<p>Look, while I disagree with it entirely, I get the desire to keep guns out of the hands of people suffering from mental disorders. Some people are dangerous, either to themselves or others, and many figure that\u2019s a good enough reason to curtail the rights of others.<\/p>\n<p>Yet most people who seek counseling aren\u2019t a threat to anyone, including themselves. They\u2019re just feeling down and don\u2019t want to anymore, or they\u2019re processing a rough childhood or some other kind of trauma so they can live a better, more fulfilling life.<\/p>\n<p>For authorities to swoop in and decide such people cannot be trusted with guns is wrong.<\/p>\n<p>Moreover, it\u2019s likely to prevent people from seeking help in the first place.<\/p>\n<p>The truth is that if Santucci was dangerous, he\u2019d have just lied on the form. If he was planning to kill himself, he wouldn\u2019t worry about a perjury charge. If he were planning something far, far worse than that, I\u2019m pretty sure perjury would have been the least of his concerns.<\/p>\n<p>Instead, Santucci just wanted to obey the law, and he got screwed for it.<\/p>\n<p>Now, things are being set to right.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Big win for homesick sailor forced to surrender guns If someone feels a little down because they miss their family, is that alarming? So alarming that people should be forced to give up their guns? That was the question at the heart of the matter in a case involving\u00a0a Navy sailor stationed in Hawaii who &hellip; <a href=\"https:\/\/milesfortis.com\/?p=93209\" class=\"more-link\">Continue reading<span class=\"screen-reader-text\"> &#8220;&#8221;<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[23,50,8],"tags":[],"class_list":["post-93209","post","type-post","status-publish","format-standard","hentry","category-courts","category-goobermint","category-rkba"],"_links":{"self":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/93209","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=93209"}],"version-history":[{"count":1,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/93209\/revisions"}],"predecessor-version":[{"id":93210,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/93209\/revisions\/93210"}],"wp:attachment":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=93209"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=93209"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=93209"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}