By JENNIFER SINCO KELLEHER, Associated Press
HONOLULU (AP) — A U.S. Navy officer stationed in Hawaii can’t be denied a firearms permit solely because he sought counseling for feeling depressed and homesick, a federal judge ruled.
Michael Santucci, a cryptologic warfare officer from Fort Myers, Florida, saw a medical provider at a military hospital for feelings of depression and homesickness just a few months after arriving in Hawaii last yr, in keeping with his lawsuit, filed in April.
He wasn’t diagnosed with any disqualifying behavioral, emotional or mental disorder, the lawsuit said.
He later filled out forms to register his firearms with the Honolulu Police Department and indicated that he had been treated for depression, but noted it was “not serious.”
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Hawaii law requires registration of all firearms. Prior to acquiring a gun, an applicant must apply for a permit. Santucci needed such a permit regardless that he legally owned his firearms before arriving Hawaii.
Because Santucci answered “yes” on a form indicating he had sought counseling, the permit process was halted and his firearms were seized, his lawyers said.
Honolulu must return Santucci’s firearms and complete the registration of the weapons, U.S. District Judge Derrick Watson’s order issued Wednesday said.
“The City is evaluating the choice and its impact on our processes,” Honolulu Corporation Counsel Dana Viola said in an announcement Friday.
Kevin O’Grady, one among Santucci’s lawyers, said the case was “illustrative of Hawaii’s strong opposition to anything that approaches the free exercise of the Second Amendment.”
The lawsuit was filed before a U.S. Supreme Court ruling expanding gun rights across the nation forced Hawaii to start issuing concealed carry permits. Previously, those permits had been practically not possible to acquire.
Santucci’s lawsuit focused only on the permit to amass firearms.
But Honolulu and the state might want to take the high court decision into consideration when overhauling the method to make sure others aren’t precluded from obtaining permits based on disclosing previous mental health counseling, said Alan Beck, one other attorney representing Santucci.
“What the judge is saying is Honolulu is misapplying the law. They’re getting Hawaii law improper,” Beck said. “Should you marked ‘yes’ on counseling, then you definately’ve lost your gun rights.”
This story has been updated to correct the name of the person quoted in the ultimate paragraph.
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