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Hawaii Supreme Court Scoffs at U.S. Supreme Court Ruling: ‘No State Constitutional Right to Carry a Firearm in Public’

PatMiles

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Feb 25, 2017
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On February 7, 2024, Hawaii’s Supreme Court issued a decision saying that the U.S. Supreme Court’s Bruen (2022) does not surpass Hawaii’s constitution, which recognizes “no state constitutional right to carry a firearm in public.”

The decision came in Hawaii v. Wilson, a case in which Wilson is seeking recognition of his right to carry a gun in public for self-defense without first acquiring a permit from the state.

Hawaii’s Supreme Court unanimously decided against Wilson, with Judge Todd Eddins, a Gov. David Ige (D) appointee, writing the majority opinion.

Eddins wrote, “We reject Wilson’s constitutional challenges. Conventional interpretive modalities and [Hawaii’s] historical tradition of firearm regulation rule out an individual right to keep and bear arms under the [Hawaii] Constitution.”

He then directly addressed the U.S. Supreme Court’s Bruen decision, which struck down New York’s proper cause requirement for concealed carry permit issuance.

Eddins wrote, “Bruen snubs federalism principles. Still, the United States Supreme Court does not strip states of all sovereignty to pass traditional police power laws designed to protect people.”

He later added, “States retain the authority to require that individuals have a license before carrying firearms in public.”

It remains to be seen what, if any, appellate action will be taken in light of another important aspect of the Bruen decision; namely, the recognition that the Second Amendment protects a right to carry a gun outside the home for self-defense.

On June 23, 2022, Breitbart News quoted Supreme Court Justice Clarence Thomas’s majority opinion, wherein he referenced previous cases affirming the right to keep and bear arms in the home for self-defense, then turned to Bruen and said, “In this case, petitioners and respondents agree that ordinary, law-abiding citizens have a similar right to carry handguns publicly for their self-defense.”

The case is Hawaii v. Wilson, No. SCAP-22-0000561 in the Hawaii Supreme Court.

This is going to be interesting!
 
  • Angry
Reactions: Milf Dots
I was floored when I read this. Well, to have annexed to the US, they had to agree to uphold the US Constitution, which includes 2A.

So, fine, let them secede and the government can take all that money out of there and then see how well that island does without the fed money.

And then, the SC of Hawaii should start playing 24/7 the hit song from Toby Keith (RIP), "How do you like me now?"
 
I was floored when I read this. Well, to have annexed to the US, they had to agree to uphold the US Constitution, which includes 2A.

So, fine, let them secede and the government can take all that money out of there and then see how well that island does without the fed money.

And then, the SC of Hawaii should start playing 24/7 the hit song from Toby Keith (RIP), "How do you like me now?"

Totally agree with all the above and let see how well they do with the CCP coming in.
 
Not just this one, but other examples of when states clearly defy a Supreme Court ruling and nothing seems to ever happen....
 
Let them secede.

Then lets see what a gallon of gas or a gallon of milk will cost them in a year......let alone all the really important shit like beef and a 2x4.
 
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Once again progressives demonstrate that they believe that the Constitution is just a bunch of words that shouldn't be allowed to stand in the way of what they want.
 
The SCOTUS is now just a figurehead organization. Their rulings can be dismissed or ignored and circumvented with no penalty or repercussions.
 
Not just this one, but other examples of when states clearly defy a Supreme Court ruling and nothing seems to ever happen....
This is the thing no one is seeing. The SC is being nullified by states that just do thier own thing. Biden has done it for school loans. My point is that we are going down the path of both balkanization and lawlessness with respect to the federal level. If Trump gets elected look for the liberal states to really ramp this up.
 
This is the thing no one is seeing. The SC is being nullified by states that just do thier own thing. Biden has done it for school loans. My point is that we are going down the path of both balkanization and lawlessness with respect to the federal level. If Trump gets elected look for the liberal states to really ramp this up.
Have no fear, Trump will win a third time.
 
So, am I understanding that they say there is no Constitutional carry in the state, but you can still carry with a permit? I’m sure their permit process is probably one that makes it hard to ever get one.
 
I was stationed there for a short time in the 1960's.
Was required to register my guns.
Got some funny looks while carrying all my rifles & pistols from the
HPD parking lot to the office inside.

Went shooting @ the KOKO head range

In the 60's Ohau was a big all-branches military base.
Hippies and surfers were always in the background, looks like they took over in the decades since.
 
So, am I understanding that they say there is no Constitutional carry in the state, but you can still carry with a permit? I’m sure their permit process is probably one that makes it hard to ever get one.
I stink that is the gist of it. Texas had a requirement to carry, so, I got an LTC (license to carry) back then.

After a while, the state went to permitless carry. I went ahead and renewed my LTC. It makes it easier to get transfers done because it proves that I already passed an extensive background check.

Grocery stores will have a sign that says it is unlawful to carry an unlicensed gun in there. I carry but I also have my LTC on me. I wonder what the legal status of that statement is now with constitutional carry in place. That is, if you no longer need a license to carry, then there is no longer such thing as "unlicensed" weapons or "unlicensed" carrying of a weapon.
 

On February 7, 2024, Hawaii’s Supreme Court issued a decision saying that the U.S. Supreme Court’s Bruen (2022) does not surpass Hawaii’s constitution, which recognizes “no state constitutional right to carry a firearm in public.”

The decision came in Hawaii v. Wilson, a case in which Wilson is seeking recognition of his right to carry a gun in public for self-defense without first acquiring a permit from the state.

Hawaii’s Supreme Court unanimously decided against Wilson, with Judge Todd Eddins, a Gov. David Ige (D) appointee, writing the majority opinion.

Eddins wrote, “We reject Wilson’s constitutional challenges. Conventional interpretive modalities and [Hawaii’s] historical tradition of firearm regulation rule out an individual right to keep and bear arms under the [Hawaii] Constitution.”

He then directly addressed the U.S. Supreme Court’s Bruen decision, which struck down New York’s proper cause requirement for concealed carry permit issuance.

Eddins wrote, “Bruen snubs federalism principles. Still, the United States Supreme Court does not strip states of all sovereignty to pass traditional police power laws designed to protect people.”

He later added, “States retain the authority to require that individuals have a license before carrying firearms in public.”

It remains to be seen what, if any, appellate action will be taken in light of another important aspect of the Bruen decision; namely, the recognition that the Second Amendment protects a right to carry a gun outside the home for self-defense.

On June 23, 2022, Breitbart News quoted Supreme Court Justice Clarence Thomas’s majority opinion, wherein he referenced previous cases affirming the right to keep and bear arms in the home for self-defense, then turned to Bruen and said, “In this case, petitioners and respondents agree that ordinary, law-abiding citizens have a similar right to carry handguns publicly for their self-defense.”

The case is Hawaii v. Wilson, No. SCAP-22-0000561 in the Hawaii Supreme Court.

This


On February 7, 2024, Hawaii’s Supreme Court issued a decision saying that the U.S. Supreme Court’s Bruen (2022) does not surpass Hawaii’s constitution, which recognizes “no state constitutional right to carry a firearm in public.”

The decision came in Hawaii v. Wilson, a case in which Wilson is seeking recognition of his right to carry a gun in public for self-defense without first acquiring a permit from the state.

Hawaii’s Supreme Court unanimously decided against Wilson, with Judge Todd Eddins, a Gov. David Ige (D) appointee, writing the majority opinion.

Eddins wrote, “We reject Wilson’s constitutional challenges. Conventional interpretive modalities and [Hawaii’s] historical tradition of firearm regulation rule out an individual right to keep and bear arms under the [Hawaii] Constitution.”

He then directly addressed the U.S. Supreme Court’s Bruen decision, which struck down New York’s proper cause requirement for concealed carry permit issuance.

Eddins wrote, “Bruen snubs federalism principles. Still, the United States Supreme Court does not strip states of all sovereignty to pass traditional police power laws designed to protect people.”

He later added, “States retain the authority to require that individuals have a license before carrying firearms in public.”

It remains to be seen what, if any, appellate action will be taken in light of another important aspect of the Bruen decision; namely, the recognition that the Second Amendment protects a right to carry a gun outside the home for self-defense.

On June 23, 2022, Breitbart News quoted Supreme Court Justice Clarence Thomas’s majority opinion, wherein he referenced previous cases affirming the right to keep and bear arms in the home for self-defense, then turned to Bruen and said, “In this case, petitioners and respondents agree that ordinary, law-abiding citizens have a similar right to carry handguns publicly for their self-defense.”

The case is Hawaii v. Wilson, No. SCAP-22-0000561 in the Hawaii Supreme Court.

This is going to be interesting!
The Hawaiian Court needs to be held in contempt.