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Hawaii Supreme Court Rejects Major Second Amendment Rulings in New Gun-Carry Decision
The Reload ^ | 2/7/24 | Stephen Gutowski

Posted on 02/08/2024 12:26:52 AM PST by CFW

The Aloha State’s highest court upheld a man’s gun-carry conviction on Wednesday after rejecting landmark decisions from the Supreme Court of the United States (SCOTUS).

Hawaii’s Supreme Court reversed a lower court decision that found charges leveled against Christopher Wilson for carrying a gun without a permit violated his rights. Instead, the court ruled its state constitution provides no gun-rights protections whatsoever. That’s despite it including a provision protecting the right of the people to keep and bear arms identical to the one in the federal Constitution.

“Article I, section 17 of the Hawaiʻi Constitution mirrors the Second Amendment to the United States Constitution,” the Hawaiian court wrote in Hawaii v. Wilson. “We read those words differently than the current United States Supreme Court. We hold that in Hawaiʻi there is no state constitutional right to carry a firearm in public.”

The ruling directly contrasts with the core holdings at the center of SCOTUS’s gun rights precedents. The state supreme court’s ruling explicitly rejects the federal supreme court’s findings in 2008’s District of Columbia v. Heller and 2022’s New York State Rifle and Pistol Association v. Bruen. The lower court’s straightforward rejection of the higher court’s Second Amendment jurisprudence could provoke SCOTUS to take up the case and issue a rebuke, as it did when the Massachusetts Supreme Court ruled protections don’t extend to modern weapons in 2016’s Caetano.

“There seems to us no doubt, on the basis of both text and history, that the Second Amendment conferred an individual right to keep and bear arms,” the majority wrote in Heller. Similarly, in Bruen, SCOTUS ruled “the Second and Fourteenth Amendments protect an individual’s right to carry a handgun for self-defense outside the home.”

(Excerpt) Read more at thereload.com ...


TOPICS: Breaking News; Constitution/Conservatism; Government; US: Hawaii
KEYWORDS: 2ndamendment; banglist; bruen; commiecourt; enemieslist; faauugatootoo; firearm; hawaii; illegalruling; impeachrecktenwald; judgesarefairgame; judicialsedition; markrecktenwald; sabrinamckenna; toddeddins; trishmorikawa
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Interesting ruling from Hawaii. It seems the Court thinks SCOTUS rulings regarding the Second Amendment do not apply in their state.
1 posted on 02/08/2024 12:26:52 AM PST by CFW
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To: CFW

Seems they don’t think or like the idea that the Constitution is the supreme law of the land.
I’m okay with removing theur state status and putting them back to a mere possession.


2 posted on 02/08/2024 12:31:12 AM PST by Darksheare (Those who support liberal "Republicans" summarily support every action by same. )
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To: Darksheare

America is going to eventually divide into five or six different regions. We are no longer united.

Here is a link to the ruling itself.

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


3 posted on 02/08/2024 12:40:11 AM PST by CFW (I will not comply!)
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To: CFW

Pretty much, unless something drastic changes it.


4 posted on 02/08/2024 12:42:11 AM PST by Darksheare (Those who support liberal "Republicans" summarily support every action by same. )
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To: CFW

Well if Hawaii’s state constitution counteracts the Supreme Court decision— then so should all state constitutions counteract the Court when it says marriage is between a man and a woman


5 posted on 02/08/2024 12:45:56 AM PST by ac-rep
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To: CFW

Secession now..secession forever.


6 posted on 02/08/2024 12:51:40 AM PST by MachIV
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To: CFW

States Rights. A slippery slope for liberal idiots.


7 posted on 02/08/2024 1:14:51 AM PST by Recompennation (Don’t blame me my vote didn’t count)
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To: Darksheare

I never understood the statehood thing, really. Should never have happened. Hawaii shouldn’t have Interstate Highways; they should be taxed out the wazoo on all that foreign money they rake it.


8 posted on 02/08/2024 1:19:48 AM PST by Gaffer
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To: All

hawaii is controlled by the bishop trust which owns much of the land in places such as waikiki and maui (people take out leases, not deeds). the local politicians and the trustees are in lockstep preseving their power at all costs. the illusions of democracy and individual rights are preserved for show. IRL, ordinary folks get screwed. I’ve heard it is actually somewhat worse than this, but this gives a general flavor.


9 posted on 02/08/2024 1:34:07 AM PST by SteveH
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To: CFW
Blue states are going to declare themselves sanctuaries from the entire Constitution soon.

Once President Trump regains office, Hawaii will declare Article II to be null and void in Hawaii.

-PJ

10 posted on 02/08/2024 1:38:01 AM PST by Political Junkie Too ( * LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
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To: CFW

Are the new billionaire compound owners dictating the rule of law there so that only their personal armies will have weapons?


11 posted on 02/08/2024 1:53:12 AM PST by Highest Authority (DemonRats are pure EVIL)
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To: Recompennation

The states, just like the feds and SCOTUS are under the “Supremacy Clause!”
(Article VI, Paragraph 2 of the U.S. Constitution)

Any laws passed that are in violation of the Federal Constitution, whether by state or feds are null and void!

Not even if congress were to pass it or the SCOTUS were to confirm it!


12 posted on 02/08/2024 1:59:32 AM PST by justme4now (Our Right's are God given and I don't need permission from politicians or courts to exercise them!)
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To: marktwain

interesting


13 posted on 02/08/2024 3:27:04 AM PST by riverrunner
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To: CFW
A few years ago the Massachusetts state Supreme Court upheld the conviction of a woman on a weapons charge. She appealed her conviction on 2nd Amendment grounds and the court rehjected her appeal..

But it wound up in the Federal courts and SCOTUS agreed to hear the case. In "Caetano v Massachusetts" SCOTUS ruled...9-0...in Caetano's favor. At one point during the decision's narrative SCOTUS referred to the state court's reasoning in upholding her conviction as "frivolous".

I'm sure this guy's appeals lawyers will be aware of this ruling...and other recent SCOTUS decisions.

14 posted on 02/08/2024 3:42:57 AM PST by Gay State Conservative (Proudly Clinging To My Guns And My Religion)
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To: CFW

It shouldn’t even be a state...the New York of the Pacific.


15 posted on 02/08/2024 3:53:06 AM PST by Bonemaker (invictus maneo)
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To: CFW

Evidentially no one on the court appreciated the original Magnum PI.


16 posted on 02/08/2024 3:58:58 AM PST by Nifty
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To: Political Junkie Too
Just the other day The Big Guy was boasting about having “forgiven” student debt and he said something like “the Supreme Court blocked me but they didn't stop me”. A direct display of contempt for SCOTUS rulings that they don't like. IIRC the same thing happened with Osama Obama and the “dreamers”. He frequently said that he didn't have the power to allow them to stay but then he did so. Rat Party Headquarters now has the attitude that they'll ignore court decisions they don't like.
17 posted on 02/08/2024 4:04:07 AM PST by Gay State Conservative (Proudly Clinging To My Guns And My Religion)
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To: Gay State Conservative

This, it’s going to get appealed to the USSC, which will slap down the Hawaii SC.


18 posted on 02/08/2024 4:18:05 AM PST by GreenLanternCorps (Hi! I'm the Dread Pirate Roberts! (TM) Ask about franchise opportunities in your area.)
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To: CFW
The Constitution is invalid, but the birth certificate is real.


19 posted on 02/08/2024 4:18:33 AM PST by outofsalt (If history teaches us anything, it's that history rarely teaches anything.)
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To: CFW

Interesting?

I found it quite confusing!


20 posted on 02/08/2024 4:21:26 AM PST by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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