OpinionPolitics

Hawaii Supreme Court Forgets They’re in the United States, Rules 2A Not applicable in HI

Judges should lay off the Hula Juice Cocktails.

The Hawaii Supreme Court appears to have forgotten that they are the 50th State in the United States.  The Court ruled that there is no right to bear arms in public in Hawaii and they read the US Supreme Court decisions “differently.” They openly reject both the Heller and Bruen rulings.  (The case is Hawaii v. Wilson). Hopefully they won’t get away with this, but it’s crazy.

The 2nd District Court sided with Christopher Wilson and dismissed the two charges based on the Supreme Court rulings. But the State appealed to the Hawaii Supreme Court, who then said that “there is no state constitutional right to carry a firearm in public.” They vacated the 2nd District Court ruling and sent it back.

Wilson did not obtain a carry permit, and his .22LR pistol was not “registered” with the state. He was arrested in the Maui Mountains in 2017 carrying a loaded firearm. Hawaii has extremely restrictive firearms laws, a fact which has left island gun owners in a constant battle for their rights. Over the years, I have interviewed several pro-gun activists there who have endured everything from government mockery to arrest. They – even police – must register any firearms and if they fail to do that, the guns are confiscated. They cannot carry that firearm in public without a permit, and the permits are extremely difficult to obtain. There are only certain places a gun owner can go with his/her weapon even with a permit.

“Hawaiʻi’s historical tradition excludes an individual right to possess weapons. Hawaiʻi prohibited the public carry of lethal weapons – with no exceptions for licensed weapons – from 1833-1896. Unlicensed public carry of firearms has been illegal from 1896 to the present. Hawaiʻi has never recognized a right to carry deadly weapons in public; not as a Kingdom, Republic, Territory, or State.” Hawaii Supreme Court ruling

The court claims that never in Hawaii’s history were weapons allowed to be possessed or even carried in public. What about spears? What about some of those nasty-looking Koa wood weapons carried by the native Hawaiians during the wars between tribes? The state DOES have a history of carrying and possessing weapons in public, regardless of the Hawaii Supreme Court’s contention. They can talk about the “spirit of Aloha” all they want, but Native Hawaiians had absolutely lethal weapons. And they used them.

Will this presidential election be the most important in American history?

Here is a video of some of their lethal weapons:

The Hawaii Supreme Court also made a telling statement: they view the island as being ruled by a subjugating nation.There has been a Native Hawaiian Sovereignty movement in Hawaii for several years that wishes to reverse the actions of the white settlers who took over Hawaiian land and restore the monarchy. It seems the Hawaii Supreme Court may have that thought. It is an island-wide conflict, and often extremely hostile.

They also used an HBO movie as part of their argument:

As the world turns, it makes no sense for contemporary society to pledge allegiance to the founding era’s culture, realities, laws, and understanding of the Constitution. “The thing about the old days, they the old days.” The Wire: Home Rooms (HBO television broadcast Sept. 24, 2006) (Season Four, Episode Three).

Yes, we all understand that Hawaii’s history is different from our own. But reiterating the history of a former kingdom of native peoples will not change the reality that Hawaii is still part of the United States. And all citizens of the USA have the right to keep and bear arms.

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Faye Higbee

Faye Higbee is the columnist manager for Uncle Sam's Misguided Children. She has been writing at Conservative Firing Line since 2013 as well. She is also a published author.

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