Roberts Complaint Alien Carry Case
Roberts Complaint Alien Carry Case
Stephen D. Stamboulieh
Stamboulieh Law, PLLC
P.O. Box 4008
Madison, MS 39130
(601) 852-3440
[email protected]
MS Bar No. 102784
*(Application for pro hac vice forthcoming)
Attorneys for Plaintiff
COMES NOW the Plaintiff, ANDREW NAMIKI ROBERTS, (“Plaintiff”), by and through
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I. PARTIES
1. Plaintiff Andrew Namiki Roberts is an adult male resident of the State of Hawaii
and resides in Honolulu County and is a citizen of the United Kingdom and a legal permanent
resident of the United States of America. Plaintiff received his permanent resident status on May
16, 2007.
2. Defendant Clare E. Connors is the Attorney General of the State of Hawaii and is
sued in her official capacity and is responsible for enforcing the State of Hawaii’s customs,
policies, practices and laws related to the State of Hawaii’s ban on resident aliens applying for an
open or concealed handgun permit. Defendant Connors may be served at the Office of Attorney
Administrator. Defendant Cummings is responsible for enforcing the State of Hawaii’s customs,
policies, practices and laws related to the State of Hawaii’s ban on resident aliens applying for an
open or concealed handgun permit. Defendant Cummings may be served at the Department of
Public Safety Sherriff’s division located at 1177 Alakea Street, Room #418, Honolulu, Hawaii
96813.
4. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. §§
5. This Court has personal jurisdiction over the Defendants because they acted under
the color of laws, policies, customs and/or practice of the State of Hawaii and within the geographic
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7. Venue is proper because the Defendants execute, administer, and enforce the
complained of laws against Plaintiff in this District and because the events and omissions giving
rise to this action are harming Plaintiff in this District, and the State law was enacted in the State
disqualifying factor which would prohibit him from legally and safely carrying his firearm outside
of his home. But because Plaintiff is not a citizen of the United States of America, he cannot even
10. H.R.S. § 134-9(a) states in pertinent part: “[i]n an exceptional case, when an
applicant shows reason to fear injury to the applicant's person or property, the chief of police of
the appropriate county may grant a license to an applicant who is a citizen of the United States of
the age of twenty-one years or more or to a duly accredited official representative of a foreign
nation of the age of twenty-one years or more to carry a pistol or revolver and ammunition therefor
concealed on the person within the county where the license is granted.” (emphasis added).
11. As such, because Plaintiff is not a citizen of the United States of America, the chief
of police of Honolulu has no discretion in which to even allow the Plaintiff to apply for a permit.
Hawaii state law completely forbids anyone who is not a citizen of the United States of America
from even applying because the chief of police cannot grant a license to a non-citizen.
12. Plaintiff has refrained from carrying a firearm, either openly or concealed, in the
State of Hawaii because he fears arrest, prosecution, fines and imprisonment if he were to do so
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because it is unlawful for a non-citizen to receive a license to carry a handgun in the State of
Hawaii.
13. Due to Hawaii licensing both open and concealed permits to carry, Plaintiff cannot
14. On November 30, 2018, Plaintiff went to Honolulu Police Department and inquired
about applying for a permit to carry openly or concealed. He volunteered that he was not a United
States citizen and was subsequently not allowed to apply for a permit to carry. As such, Plaintiff’s
134-9(a) is unconstitutional.
16. There is no adequate remedy at law because only a declaration that HRS 134-9(a)
alien the opportunity to apply for a permit to carry a handgun in a concealed or open manner for
self-defense.
COUNT I
VIOLATION OF EQUAL PROTECTION
(U.S. Const. Amend. XIV; 42 U.S.C. 1981(a), 1983)
18. The citizenship requirement in HRS 134-9(a), and all other Hawaii statutory
language, which restrict lawfully admitted aliens the rights and privileges of carrying firearms
based on citizenship, on their face and as-applied, are unconstitutional denials of equal protection
of the laws are in violation of the Equal Protection Clause of the Fourteenth Amendment to the
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WHEREFORE, Plaintiff requests that judgment be entered in his favor and against
Defendants as follows:
agents, servants, employees, and all persons in active concert or participation with them who
receive actual notice of the injunction, from enforcing HI Rev Stat § 134-9(a)’s citizenship
2. An order declaring that HI Rev Stat § 134-9(a) is unconstitutional and violates the
4. Costs of suit, including attorney fees and costs pursuant to 42 U.S.C. §1988;
5. Such other Declaratory relief consistent with the injunction as appropriate; and
6. Such other further relief as the Court deems just and appropriate.
Respectfully submitted,