Posted on 03/07/2019 4:00:34 PM PST by PROCON
Backers of the measure want Congress to clarify the constitutional right to bear arms (Photo: Chris Eger/Guns.com)
A group of Hawaii state legislators wants Congress to repeal the right to bear arms — or at least specify that it is not an individual right. The resolution filed Tuesday in the Hawaiian Senate, SCR42, is backed by freshman state Sen. Stanley Chang, best known for defeating the chamber’s last Republican in 2016.
Chang’s measure, which has four co-sponsors, would request Washington discuss either scrapping the Second Amendment altogether or clarifying that it only applies to organizations such as state militias.
Chang, a Honolulu attorney who studied law under now-U.S. Sen. Elizabeth Warren, throws rocks at the U.S. Supreme Court’s 2008 Heller ruling that held the Second Amendment protected an individual right to arms.
“(U)nder this ‘individual right theory’, the United States Constitution restricts legislative bodies from prohibiting firearm possession, or at the very least, the Second Amendment renders prohibitory and restrictive regulation presumptively unconstitutional,” notes the measure.
Hawaii has some of the strongest gun control regulations in the country, requiring the registration of all firearms, capping magazine capacity for handguns at 10 rounds, and mandating a permit to purchase a gun. The state issues so few concealed carry permits that local police chiefs have been repeatedly hauled into federal court to defend their “may issue” practices, with mixed results. Likewise, ost NFA-regulated firearms and suppressors are prohibited for the average Hawaiian.
.
The Second Amendment didn’t create the right to be armed, Yehova did, and the framers merely made reference to it.
figures last state in wants to rewrite stuff.
A somewhat minority view here is that Congress (plus the states, even though mentioned in the article) has EVERY RIGHT to repeal the Second Amendment, just as they had the right to repeal prohibition. If the country turns that strongly against gun ownership, the Constitution permits the Second Amendment (and anything else) to be changed or repealed...whether we like it or not.
If this were the only attack on the Second Amendment, I wouldn’t be worried. What I don’t like are judges and courts deciding for themselves that the Second Amendment doesn’t apply (without it being repealed, of course) - they need to JAILED for those types of decisions. And, by the way, as a note to you NeverTrumpers lurking about, that is EXACTLY what would have happened, had Hillary won, and stacked the courts with her judges.
I hope Stanley Chang meets a tsunami.
“request Washington discuss either scrapping the Second Amendment altogether or clarifying that it only applies to organizations such as state militias.”
It says, the right of the people to keep and bear arms shall not be infringed
Stop calling yourself an attorney it doesn’t seem like you can even read English
“under this individual right theory”...
The Bill of Rights says “right of the People”. How exactly does this idiot interpret “the People” as a euphemism for “Government”? Do the rights of free speech, press, assembly, trial by jury of ones peers, etc., apply to Government, or militias — or individuals under some crazy “theory”?
It’s past time to eject Hawaii from the US as an example to others. I’m sure they can defend themselves from China ... not that Representative Chang would want to.
Why would a government need to formally grant itself the right to keep and bear arms when rulers have been raising armies since the time of the pharaohs?
Make it a territory and let Trump appoint a governor.
-PJ
The good thing about Hawaii is that it is a warmer place for the drug addicts to take a dump on the street than in San Francisco.
If somehow the coastal area of CA between Camp Pendelton (just below Orange County) through Marin County and 40 miles inland could be made one state and the rest a second state; we could keep the 50 stars on the flag if Hawaii is cut adrift. We could make a deal with them to keep our bases there on Oahu but other than that they would be on their own. Japan already owns most of it anyway.
With sailboats becoming the only allowable transport under the Green New Deal between the mainland and Hawaii, I suspect they might want to affiliate with some other country.
Fine, you take that attitude and your firearm into New York City and see what happens to you.
How about a 2nd Amendment supporters’ boycott of Hawaii? Between this ignorant idea and AOC’s Green New Deal which would ban airplane travel to Hawaii, the future of that island state looks bleak.
On occasion, I’ve wondered if that’s the solution for those states (e.g. California or Illinois) that are insolvent, yet legally cannot default on their debts.
How would the Founders have dealt with this?
I know how.
This is the state which gave us Mazie Hirono, what does anyone expect?
I support the Hawaii secession movement. Vermont’s too. California’s too.
It also requires voting by the states, not
Just congress.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.