Hawaii’s Supreme Court reversed a decision by a lower court that Hawaii is subject to federal law, and Supreme Court precedent. The Court also found that the Supreme Court erred when it ruled in New York State Rifle & Pistol Association v. Bruen.
Justice Todd Eddins wrote for the unanimous court: “We hold that there is no constitutional state right in Hawaii to carry a gun in public.”
This was the conclusion reached by the court when it overturned a lower court judge’s decision to dismiss two charges against Christopher Wilson, who had been arrested for trespassing with an unregistered gun on someone else’s property.
Hawaii’s Attorney General Anne Lopez (a Democrat) hailed this ruling as a landmark decision affirming the constitutionality crucial gun safety legislation.
Benjamin Lowenthal said that he, along with his colleagues, were “taking stock” of their options and reviewing the decision.
A judge at the trial level had determined that the charges against Wilson were in violation of his Second Amendment right to bear and keep arms in light the landmark ruling by the U.S. Supreme Court in New York State Rifle & Pistol Association v. Bruen in 2022.
The court left the original reason for Mr. Wilson’s carrying an “unregistered pistol” unchanged. Hawaii still uses the “may-issue” system for issuing concealed carry permits that Bruen banned.
State data shows that Hawaii’s police chiefs only issued six carry permits during the 21-year period prior to the ruling.
Maui County has only approved one permit application since the ruling. Alana Pico confirmed that one application was approved, but did not immediately respond to an information request from the public.
The court, while declaring that Heller and Bruen had been wrongly decided, and Hawaii’s understanding what the US Constitution meant, took a swipe against the Dobbs ruling, which found that infanticide was not a Constitutionally-protected activity. They accused the Supreme Court to engaging in historical fiction.
This is an opinion from a court that is not serious at all. The quote from The Wire, a HBO show that slams originalism, almost underlines their lack of seriousness. “The thing about old days… they are the old times.”
If the ruling is upheld, then we can begin requiring that elected officials be professed Christians, and porn will once again become a crime. Okay…maybe I shouldn’t be so upset.
I’ve only scanned the decision. I’ve seen plenty of this kind of stuff in Hawaii local politics over 20+ years.
I’m not surprise at all by the chutzpah displayed by Hawaii Supreme Court Justices — with the exception of CJ Reckenwaldt, as I would not have expected him to… https://t.co/A8IUCAnueE
— Shipwreckedcrew (@shipwreckedcrew) February 8, 2024