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Hawaii Supreme Court Bucks SCOTUS, Says ‘Spirit Of Aloha Clashes’ With 2nd Amendment Right

  

Category:  News & Politics

Via:  s  •  3 weeks ago  •  29 comments

Hawaii Supreme Court Bucks SCOTUS, Says ‘Spirit Of Aloha Clashes’ With 2nd Amendment Right
The unanimous decision quoted a line from the HBO TV series “The Wire”

S E E D E D   C O N T E N T








Hawaii’s top court unanimously ruled on Wednesday that “the spirit of Aloha” supersedes the U.S. Supreme Court’s decision on Americans’ Second Amendment rights.

In the Hawaii Supreme Court’s decision in   State v. Wilson , Justice Todd Eddins wrote that states “retain the authority to require” people to attain permits before they carry a firearm in public. The decision penned by Justice Eddins added that while the Hawaii Constitution “mirrors” the Second Amendment of the U.S. Constitution, “We read those words differently than the current United States Supreme Court,” adding, “We hold that in Hawaii there is no state constitutional right to carry a firearm in public.”



“The spirit of Aloha clashes with a federally-mandated lifestyle that lets citizens walk around with deadly weapons during day-to-day activities,” the opinion continues. “The history of the Hawaiian Islands does not include a society where armed people move about the community to possibly combat the deadly aims of others.”

State v. Wilson   stems from December 2017 when Hawaiian Christopher Wilson was arrested and charged with improperly carrying a firearm and ammunition, according to   Fox News . Wilson’s weapon was unregistered in Hawaii, and he reportedly told officers that he purchased the gun in Florida four years earlier. He said that he was carrying the gun for protection while he hiked in West Maui. Wilson argued that prosecuting him for carrying a firearm for self-defense violated his Second Amendment right to bear arms.

In 2008, the U.S. Supreme Court reaffirmed the right to “keep and bear arms” in   D.C. v. Heller . Again, in 2022, the high court ruled in   New York State Rifle and Pistol Association v. Bruen   that “the right of the people to keep and bear arms” extends beyond protecting yourself at home.

In its Wednesday decision, however, the Hawaii Supreme Court argues that the precedent set by the U.S. Supreme Court, upholding Americans’ Second Amendment right to defend themselves with firearms outside the home, is an outdated application of the Constitution. The ruling reversed a lower-court decision that found Wilson’s rights were violated by the charges leveled against him, The Reload   reported .

“We believe it is a misplaced view to think that today’s public safety laws must look like laws passed long ago. Smoothbore, muzzle-loaded, and powder-and-ramrod muskets were not exactly useful to colonial era mass murderers. And life is a bit different now, in a nation with a lot more people, stretching to islands in the Pacific Ocean,” the justices concluded, adding “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 opinion then goes on to quote a line from the HBO TV series “The Wire” with Eddins writing, “The thing about the old days, they the old days.”

Attorney and George Washington University law professor Jonathan Turley commented on the Hawaii Supreme Court’s decision,   writing , “Hawaii apparently is controlled not by the precedent of the Supreme Court but the ‘spirit of Aloha.’ While Queen Liliʻuokalani would be pleased, the justices on that ‘other’ Supreme Court may view such claims as more secessional than spiritual.”

Turley added that while the language in the state Supreme Court’s decision is strong, “The hyperbole of the decision does not mean that the Hawaii Supreme Court is prepared to defy the United States Supreme Court.”

“Indeed, other states are pushing their own bars on gun possession in public areas without such rhetoric,” he said.







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Sean Treacy
Professor Principal
1  seeder  Sean Treacy    3 weeks ago

Apparently, spiritualism overrides the US Constitution and can take away Constitutional rights.  Yet another example of State Supreme Courts running amok and legislating their own morals in defiance of their roles as Judges. 

This should be a Babylon Bee article, sadly it's not. 

 
 
 
MrFrost
Professor Expert
1.1  MrFrost  replied to  Sean Treacy @1    3 weeks ago
Yet another example of State Supreme Courts running amok and legislating their own morals in defiance of their roles as Judges. 

Texas led the way...

 
 
 
GregTx
PhD Guide
1.1.1  GregTx  replied to  MrFrost @1.1    3 weeks ago

How so?

 
 
 
Split Personality
Professor Guide
1.1.2  Split Personality  replied to  GregTx @1.1.1    3 weeks ago

One would think that Texas's decades old multiple fights with every Administration over immigration issues would be common knowledge in Texas considering how many times they have lost in every SCOTUS decision.

 
 
 
Ronin2
Professor Quiet
1.1.3  Ronin2  replied to  Split Personality @1.1.2    3 weeks ago

They have lost every one?

Only in leftist minds.

Unlike Brandon Texas is actually following the Supreme Court's ruling. BP can cut down the razor wire; and Texas can put it right back up. Nothing in the ruling states Texas had to remove the razor wire; and nothing states they can't replace it.

Unlike Brandon simply ignoring the Supreme Court's ruling on his illegal forgiveness of student loans costing US tax payers billions.

 
 
 
Split Personality
Professor Guide
1.1.4  Split Personality  replied to  Ronin2 @1.1.3    2 weeks ago
They have lost every one?

Just about, I really cannot remember Texas, Arizona, New Mexico or California winning any battle against the Constitutional argument that their rights supersede the Feds obligations on the border.

Only in leftist minds.

Really?

Unlike Brandon Texas is actually following the Supreme Court's ruling.

Texas is not and keeps threatening to do more

BP can cut down the razor wire;

Yes they can as the SCOTUS vacated the lower courts injunctions.

and Texas can put it right back up.

I believe that would fall under contempt of SCOTUS and not even Paxton or Abbott is prepared for that.

Nothing in the ruling states Texas had to remove the razor wire; and nothing states they can't replace it.

Technically correct but your interpretation is wrong.

(ORDER LIST: 601 U.S.) 
MONDAY, JANUARY 22, 2024 
ORDER IN PENDING CASE 
23A607 DEPT. OF HOMELAND SEC., ET AL. V. TEXAS 
The application to vacate injunction presented to Justice 
Alito and by him referred to the Court is granted. The December 
19, 2023 order of the United States Court of Appeals for the 
Fifth Circuit, case No. 23-50869, is vacated. 
Justice Thomas, Justice Alito, Justice Gorsuch, and Justice 
Kavanaugh would deny the application to vacate injunction. 

Miscellaneous Order (01/22/2024) (supremecourt.gov)

Unlike Brandon simply ignoring the Supreme Court's ruling on his illegal forgiveness of student loans costing US tax payers billions.

Why would you shit on Sean's article with an unrelated topic?

SMH

 
 
 
Sean Treacy
Professor Principal
1.1.5  seeder  Sean Treacy  replied to  Split Personality @1.1.4    2 weeks ago
against the Constitutional argument that their rights supersede the Feds obligations on the border.

When did the Texas Supreme Court rule one of the bill of rights didn't apply in Texas? Did they credit the spirit of barbecue sauce to justify it? 

ex as is not and keeps threatening to do more

What Supreme court ruling is Texas not following?

ou ld fall under contempt of SCOTUS and not even Paxton or Abbott is prepared for that.

Why would Texas be in contempt for following a Supreme Court order?

Miscellaneous Order (01/22/2024) (supremecourt.gov)

That order allows the Feds to cut down razor wire, which Texas lets them do.

 
 
 
Ed-NavDoc
Professor Quiet
2  Ed-NavDoc    3 weeks ago

I lived on Honolulu for two years and retired from the Navy at Pearl Harbor. In the early 90's Aloha Spirit was a highly over rated concept on Oahu and probably still is, especially if one was both a haole and active duty military. For the uninitiated, haole is a derogatory Hawaiian word for foreigners from the mainland. 

 
 
 
Buzz of the Orient
Professor Expert
3  Buzz of the Orient    3 weeks ago

Hey, Hawaii!!!  No longer want to be part of the Wild Wild West?  Secede.  

5090594.jpg

 
 
 
Split Personality
Professor Guide
3.1  Split Personality  replied to  Buzz of the Orient @3    3 weeks ago

My thought exactly,

but they are one of the few states to be rocked by violence during WWII and did not make this decision lightly.

No one carries in the islands and everyone picks up the trash.

 
 
 
Ed-NavDoc
Professor Quiet
3.1.1  Ed-NavDoc  replied to  Split Personality @3.1    3 weeks ago

When I was there, there was a fringe "Give Hawaii back to Hawaiians" movement. They probably still exist, but the Hawaiian sovereignty idea never really caught on.

 
 
 
Kavika
Professor Principal
3.1.2  Kavika   replied to  Ed-NavDoc @3.1.1    3 weeks ago

Actually, the Hawaiian sovereignty did catch on and can be seen by many of the protests, lawsuits and revitalizing the Hawaiian language, Doc.

 
 
 
Buzz of the Orient
Professor Expert
3.1.3  Buzz of the Orient  replied to  Split Personality @3.1    3 weeks ago

When I was in Hawaii half a century ago on Oahu, Kauai and The Big Island, I found the people to be very friendly, peaceful and generous. 

 
 
 
Split Personality
Professor Guide
3.1.4  Split Personality  replied to  Ed-NavDoc @3.1.1    3 weeks ago

Not sure, I haven't been back since 1972. My Uncle stayed after WWII and used to buy continuous parcels along the beach in Molokai for a pig farm.  Our cousins lived in the Honolulu Yacht Harbor at the time and sailed back and forth to the pig farm with zero instrumentation, just the stars and a sail.

Most impressive thing I have ever seen leaving or approaching Honolulu's lights at night. dead of night, silence

You could smell Uncle Georges farm about 15 minutes before you could see the lights.

So my Uncle was Haole but not his wife and children and they were never ever anything but polite and accepting of us as family.

They may have liked us a bit better because few people went to the pig farm and liked it.

 
 
 
Ed-NavDoc
Professor Quiet
3.1.5  Ed-NavDoc  replied to  Buzz of the Orient @3.1.3    3 weeks ago

The only place I ever ran into a problem was on Oahu where the all the military facilities were. Maui, the Big Island, and Kauai treated the tourists like gold because their livelihood depended on tourism.

 
 
 
Freefaller
Professor Quiet
4  Freefaller    3 weeks ago

Lol neat interpretation

 
 
 
Kavika
Professor Principal
5  Kavika     3 weeks ago

The ''Aloha Spirit'' is confined to Native Hawaiians and other Pacific Islanders and a few outsiders and it's a huge part of the Hawaiian culture. That seems to be the part that haole and palagi don't seem to grasp. The people are open, friendly and welcoming but they have been shit on since the 1800s by haole and palagi so it's not surprising to not be accepted and to see some resentment.

On the other hand every year there is a NA Pow Wow in Keeau with huge attendance where NA and Native Hawaiians and other PI peoples gather and celebrate. I've been to several and find it invigorating and a hell of a lot of fun. 

You teach me to hula and I'll teach you the Fancy Dance. 

Oh, BTW the Hawaiian Supreme Court is simply standing up for state's rights. Mr. Turley and his comments about the queen should loosen his pants a bit they are cutting off oxygen to his brain. 

 
 
 
Split Personality
Professor Guide
5.1  Split Personality  replied to  Kavika @5    3 weeks ago

Well Turley is a huge white haole, lol.

 
 
 
Kavika
Professor Principal
5.1.1  Kavika   replied to  Split Personality @5.1    3 weeks ago
Well Turley is a huge white haole, lol.

He is both a haole and a palagi, a double asshole...

 
 
 
GregTx
PhD Guide
5.2  GregTx  replied to  Kavika @5    3 weeks ago
Oh, BTW the Hawaiian Supreme Court is simply standing up for state's rights.

By curtailing it's citizen's Constitutional rights?...

 
 
 
Kavika
Professor Principal
5.2.1  Kavika   replied to  GregTx @5.2    3 weeks ago
By curtailing it's citizen's Constitutional rights?...

State v. Wilson stems from December 2017 when Hawaiian Christopher Wilson was arrested and charged with improperly carrying a firearm and ammunition, according to      Fox News  . Wilson’s weapon was unregistered in Hawaii, and he reportedly told officers that he purchased the gun in Florida four years earlier. He said that he was carrying the gun for protection while he hiked in West Maui. Wilson argued that prosecuting him for carrying a firearm for self-defense violated his Second Amendment right to bear arms.

Perhaps if Mr. Wilson followed the law the dumb fuck would not be dealing with this. 

According to Chapter 134 of the Hawaiʻi Revised Statutes, “Firearms, Ammunition and Dangerous Weapons,”  all firearms in Hawaiʻi must be registered whether or not they are serviceable and no matter how they are acquired .

Wilson was trespassing on private property at night when he was arrested when the owner of the property spotted Wilson and two friends on his property. Wilson is probably lucky the property owner didn't shoot his dumb ass.

 
 
 
Sean Treacy
Professor Principal
5.2.2  seeder  Sean Treacy  replied to  Kavika @5.2.1    3 weeks ago
s if Mr. Wilson followed the law the dumb fuck would not be dealing with this. 

Perhaps he thought Hawaii believed in the Bill of Rights and respected the Constitution. 

 
 
 
Kavika
Professor Principal
5.2.3  Kavika   replied to  Sean Treacy @5.2.2    3 weeks ago
Perhaps he thought Hawaii believed in the Bill of Rights and respected the Constitution. 

He thought correctly, but it is a law in Hawaii that all weapons must be registered, perhaps dumb ass should follow the law, ya think?

 
 
 
Sean Treacy
Professor Principal
5.3  seeder  Sean Treacy  replied to  Kavika @5    3 weeks ago
BTW the Hawaiian Supreme Court is simply standing up for state's rights.

Just like the confederacy! birds of a feather!  

 
 
 
Kavika
Professor Principal
5.3.1  Kavika   replied to  Sean Treacy @5.3    3 weeks ago
Just like the confederacy! birds of a feather!  

And just like the RW conservatives that are babbling about states rights day after day. 

 
 
 
Sean Treacy
Professor Principal
6  seeder  Sean Treacy    3 weeks ago

[deleted]

 
 
 
Kavika
Professor Principal
7  Kavika     3 weeks ago
The responses were just as one would expect.

Your response is what I expected, BTW I never mentioned Trump, it's you who brought him up. When did Hawaii curtail dumb asses rights, they want weapons registered and that is lawful in Hawaii. Where did they advocate for succession when it suits their morals..Oh, are you talking about Tejas?

Since I don't see any progressives in your article,  we can chalk that part of the comment to more hysteria from you.

Cheers.

 
 
 
JohnRussell
Professor Principal
8  JohnRussell    2 weeks ago

Everybody loves Hawaii and the concept of a paradise. 

Leave Hawaii alone gun nuts. 

 
 
 
Buzz of the Orient
Professor Expert
8.1  Buzz of the Orient  replied to  JohnRussell @8    2 weeks ago

More Guns = Less Paradise

Very sad.

 
 

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