Hawaii Rejects Second Amendment Interpretation in Landmark Decision

[jimc]

Looks like the US Constitution carries ZERO weight in Hawaii.

The state supreme court concluded: "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."

MSN

www.msn.com

 

[FP1201]

Shoul

Looks like the US Constitution carries ZERO weight in Hawaii.

The state supreme court concluded: "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."

MSN

www.msn.com

should play nicely into the "acquisition" of the Island(s) by the wealthy elite...all part of the plan.

 

[Drinkthekoolaid]

So they're claiming their state constitution supercedes the federal constitution.

Well that should make for one hell of a precedent if it is allowed to stand.

 

[tirwin1]

The asshole that wrote that opinion knew it was false but also knows the Biden administration will do nothing about it.

Our law schools are for the most part irredeemably corrupt.

 

[Zerex]

Xi wants Hawaii for China, and he has plans for Guam, Midway, as he already claims ownership of the Phillipines, Vietnam, Indonesia, and Australia...................if you notice guns are mostly outlawed in theose countries so very ez for Xi to take them as they are also full of commies.

FIRST YOU BAN THE GUNS.

 

[Saltwater60]

I believe Hawaii was just sued and the plaintiffs won a nice sum of money. It might have been Maryland as well but I suspect the same will happen here. I hope he’s a rich man.

 

[tirwin1]

Looks like the US Constitution carries ZERO weight in Hawaii.

The state supreme court concluded: "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."

MSN

www.msn.com

It's all word games with these leftist assholes. What exactly are "conventional interpretive modalities"? It's just a word salad to justify their illegal decision. They're hoping the citizen rubes they feel superior to will be awed by the use of confusing language and stay in their place.

It's like roe v wade. The leftist assholes on the supreme Court found an entirely new right to an abortion using the phrase " emanation of a penumbra". 99.9% of the country could not tell you what that means. But don't worry, the smart guys in black robes know what it means so just accept it you losers in flyover country.

 

[VietnamEraVet]

Here's some detail about this horseshit ruling. Absolutely fucking crazy... And yet, I will bet that it will take another year or two to get this in front of SCOTUS, IF that happens!

 

[ArmedCorgi]

JuSt STaY aND FiGhT

 

[Acer-m14]

her ruling was null and void before the ink from her pen dried ..

Marbury v. Madison (1803) ..

to fucking bad you joined the Union in 1959 or so ..

you can opt out at any time ..

just do not ask for any help if the A6M Zero's show up again ..

 

[Grimscale]

you can opt out at any time ..

No, actually, they can't.
They can leave and go to another country, but Hawaii is owned by America
(/sarcasm)

So they're claiming their state constitution supercedes the federal constitution.

They may be trying to, but the videos that were posted show that there is, in fact, a "2nd Amendment" provision in the Hawaii Constitution. So this judge is just making shit up out of whole cloth.
The next judge that hears the appeal should rule against this, and demand this judge be removed from the bench for illiteracy.

 

[Drinkthekoolaid]

No, actually, they can't.
They can leave and go to another country, but Hawaii is owned by America
(/sarcasm)


They may be trying to, but the videos that were posted show that there is, in fact, a "2nd Amendment" provision in the Hawaii Constitution. So this judge is just making shit up out of whole cloth.
The next judge that hears the appeal should rule against this, and demand this judge be removed from the bench for illiteracy.

That's my frustration. I can see if a judge has a slightly different interpretation of legal issues that. I do and might rule against my opinion. That seems reasonable.

What I absolutely cannot comprehend and am developing a serious problem with is how judges can openly, blatantly and maliciously rule against items they personally disagree with knowing full well their opinions are not based in reality and are politically motivated. It should be a fucking crime to do this. If you willfully ignore and flamboyantly rule against the constitution and established law your should instantly be removed from the bench due to loss of confidence and thrown in jail for obstruction of justice.

 

[Zerex]

This goes back to King George justice........................"OFF WITH HIS HEAD"...............get the drift?
USSR was like this.

 

[Sargepug]

Cut Hawaii loose! Let them govern themselves then, such a disgrace, especially to all the sailors at the bottom of the harbor.......

 

[subsonic]

Have not found a thread on this here yet. On February 7, the Hawaii Supreme Court in State v. Wilson unanimously (5-0) reinstated a prosecution that had been dismissed by a lower appellate (which had cited Bruen). The opinion repeated disparages Bruen and declines to follow it, ultimately holding that "The spirit of Aloha clashes with a federally-mandated lifestyle that lets citizens walk around with deadly weapons during day-to-day activities."

Ultimately the court appeals to a new age 1986 "Aloha Spirit" law, saying that judges "may contemplate and reside with the life force and give consideration to the 'Aloha Spirit'" which it defines as "the coordination of mind and heart within each person" which "brings each person to the self" and declares that "each person must think and emote good feelings to others" and enumerates "unuhi laula loa" for use "in the contemplation and presence of the life force, 'Aloha.'"

This garbage, beyond parody, is what Hawaii has used to pre-empt and nullify the supreme law of the land in our federal Bill of Rights and drag out a citizen's seven-year criminal ordeal, while giving the finger to the US Supreme Court.

The defendant in Wilson had been charged for offenses relating to carrying an unregistered pistol in 2017 at a time when Hawaii would not issue any carry licenses for pistols. The opinion repeatedly emphasizes that Wilson had not attempted to apply for a carry permit, while ignoring that a carry permit was not available in Hawaii and that Bruen had not yet been decided until his case was under appeal.

https://www.courts.state.hi.us/wp-content/uploads/2024/02/SCAP-22-0000561.pdf

Another point about this: this case dates to 2017 after lots of delays, probably due to COVID-19 as much as multiple rounds of appeals (the second round due to the Bruen decision). You would think it would be a no-brainer for the Supreme Court to take this up and reverse, but this case is still at the "motion to dismiss" stage, where the state circuit court had reversed to grant it and now the Supreme Court is reversing to deny the motion and reinstate the prosecution. The Supreme Court rarely grants cert in a state criminal matter prior to a conviction. So this could well go back to the prosecutor and wind up with some sort of plea bargain, leaving this decision in place for now.

Edit: I see I missed the thread in "Firearms in the News," I expected it under "Politics and Law".

Another low point from this decision, in attacking Bruen, it cites the authority of an ungrammatical, ignorant quote from the cable TV show The Wire:

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).

Absolutely shameful.

 

[JRtraderny]

her ruling was null and void before the ink from her pen dried ..

Marbury v. Madison (1803) ..

to fucking bad you joined the Union in 1959 or so ..

you can opt out at any time ..

just do not ask for any help if the A6M Zero's show up again ..

 

[Modean]

Someone needs to remind Hawaii that they are part of the United States and the Constitution applies there.

 

[Willyone]

Cut Hawaii loose! Let them govern themselves then, such a disgrace, especially to all the sailors at the bottom of the harbor.......

No!!.... don't cut them loose. Just "use" Haha hawaii. It's valuable real estate for use as military bases. Load the fuk'n place up with as many ships, planes, and as many guns and as much ammo as possible. Then sit back and listen to them bitch & whine.

 

[tirwin1]

View attachment 227552

 

[Acer-m14]

It seams that the Japanese Fleet is heading to Hawaii now

that they have seceded from the USA ..

 

[Willyone]

View attachment 227552 View attachment 227551

Gun control... That means staying on target, right?