Hawaii Supreme Court Rejects Second Amendment Rights, Cites HBO TV Show in Ruling
The Hawaii Supreme Court has issued a controversial ruling that seemingly contradicts the Second Amendment of the U.S. Constitution.
The case in question revolves around Christopher Wilson, a man who was arrested for gun charges in 2017. Wilson was found in possession of a handgun in the West Maui Mountains without a permit, which is a violation of state law. Wilson attempted to have these charges dismissed, claiming that they violated the Second Amendment. This motion was granted by the Hawaii Second Circuit Court, but was later appealed by the state.
Now, the state supreme court has determined that Wilson did not have his constitutional rights infringed.
“We reject Wilson’s constitutional challenges. Conventional interpretive modalities and Hawaiʻi’s historical tradition of firearm regulation rule out an individual right to keep and bear arms under the Hawaiʻi Constitution. In Hawaiʻi, there is no state constitutional right to carry a firearm in public.” the Hawaii Supreme Court concluded.
The court’s decision seemingly ignores the latest gun regulation standard set forth by the U.S. Supreme Court in New York State Rifle & Pistol Association v. Bruen, which states that state gun laws must coincide with the “historic tradition” of firearm regulation in the United States. The state supreme court stated that it makes “no sense” for modern society to pledge allegiance to the culture of our country’s founding era. Oddly enough, the court used a quote from the HBO TV show “The Wire,” saying “The thing about the old days, they the old days.”
“We believe it is a misplaced view to think that today’s public safety laws must look like laws passed long ago,” the court also stated.
The court also references the “Aloha Spirit” which “inspires constitutional interpretation,” writing, “The spirit of Aloha clashes with a federally-mandated lifestyle that lets citizens walk around with deadly weapons during day-to-day activities.”
The court goes on to claim that the Second Amendment uses “military-tinged language,” such as “well-regulated militia” and “bear arms,” that does not apply to an individual person’s right to possess lethal weapons in public places for self-defense. This determination contradicts the U.S. Supreme Court ruling in District of Columbia v. Heller, which affirmed the claim that the Second Amendment applies to individuals.
By issuing this ruling, the Hawaii Supreme Court has blatantly ignored the Second Amendment rights given to individuals in the Constitution. The court is also ignoring multiple precedents that have been established by the U.S. Supreme Court regarding firearm ownership and state gun regulation.
