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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

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To: GreenLanternCorps
That does seem likely. And given the similarities between this case and “Caetano v Massachusetts” it seems likely that it won't even reach SCOTUS because a lower court will rule against the State of Hawaii and the next level up will refuse to take the case. Of course I could be wrong.I'm not a lawyer,but I did stay at a Holiday Inn last night.
21 posted on 02/08/2024 4:28:48 AM PST by Gay State Conservative (Proudly Clinging To My Guns And My Religion)
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To: Darksheare

Me too. Two less ‘Rat Senators.


22 posted on 02/08/2024 5:00:46 AM PST by sauropod (The obedient always think of themselves as virtuous rather than cowardly.)
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To: CFW

Hawaii ia asserting what they consider as States Rights to gun control.

The ruling will stand because there is no one to contest it to SCOTUS.


23 posted on 02/08/2024 5:03:27 AM PST by bert ( (KE. NP. +12) Hamascide is required in totality)
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To: Gay State Conservative

O’BiteMe would not be the first POTUS to ignore the USSC. Andrew Jackson is believed to have said “John Marshall has made his decision, now let him enforce it.”


24 posted on 02/08/2024 5:20:58 AM PST by ByteMercenary (Cho Bi Dung and KamalHo are not my leaders.)
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To: Gay State Conservative

You’re forgetting one thing, Hawaii is part of the 9th Circus. This case will go to the top court.


25 posted on 02/08/2024 5:26:36 AM PST by bigfootbob (Arm Up and Live Free!)
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To: bert

Don’t be so sure. The article was halfassed written. There’s a whole lot of information missing. I bet there’s going to be an advocacy group pick this case up. It seems like a solid case to appeal.


26 posted on 02/08/2024 5:32:46 AM PST by bigfootbob (Arm Up and Live Free!)
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To: bert
I referred to a case called "Caetano v Massachusetts" above. SCOTUS ruled...9-0...against Massachusetts and the constitutionality of the state law which Caetano was convicted of having violated. Not long after that ruling the Massachusetts courts vacated her conviction and changed the law in question allowing possession of the type of weapon in question.

If Hawaii refuses to do the same...assuming the Federal courts rule against the state...the guy can,IIRC,file a habeus corpus petition in Federal court.

27 posted on 02/08/2024 5:49:09 AM PST by Gay State Conservative (Proudly Clinging To My Guns And My Religion)
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To: bigfootbob

I’ve read...or at least I think I’ve read...that the 9th Circus isn’t as bad as it used to be. And I doubt that judges like to see their rulings overturned by a higher court. Maybe the 9th Circus will surprise us by refusing to overturn a lower court’s ruling in favor of this guy.


28 posted on 02/08/2024 5:53:55 AM PST by Gay State Conservative (Proudly Clinging To My Guns And My Religion)
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To: sauropod

Yah,but within 5 years of secession China will have a huge,modern naval base (and air force base) in the middle of the Pacific.


29 posted on 02/08/2024 5:55:33 AM PST by Gay State Conservative (Proudly Clinging To My Guns And My Religion)
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To: Elsie

Basically, it is 53 pages of justifying why Hawaii can ignore the Second Amendment, in part because prior to Hawaii becoming a State the King at the time ruled that guns could not be owned by the subjects (or something along those lines). The Court ruled that SCOTUS’s ruling in Bruen was wrong and the State had the right to ban the carry of firearms due to public safety.


From the ruling:

“The government’s interest in reducing firearms violence
through reasonable weapons regulations has preserved peace and tranquility in Hawaiʻi. A free-wheeling right to carry guns in public degrades other constitutional rights.
The right to life, liberty, and the pursuit of happiness,
encompasses a right to freely and safely move in peace and
tranquility. See Haw. Const. art. I, § 2; Haw. Const. art. IX,§ 10. Laws regulating firearms in public preserve ordered liberty and advance these rights.

There is no individual right to keep and bear arms under
article I, section 17. So there is no constitutional right to
carry a firearm in public for possible self-defense. “


30 posted on 02/08/2024 6:03:01 AM PST by CFW (I will not comply!)
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To: CFW

Hawaii never should have become a state. We never should have overthrown the Monarchy, we could have made a deal with them to have our bases there.


31 posted on 02/08/2024 6:05:24 AM PST by dfwgator (Endut! Hoch Hech!)
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To: CFW

SCOTUS has too many ha’oles.


32 posted on 02/08/2024 6:05:40 AM PST by EEGator
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To: EEGator

Kill Haole Day, is about to go nationwide.


33 posted on 02/08/2024 6:09:31 AM PST by dfwgator (Endut! Hoch Hech!)
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To: dfwgator

They are too dumb to understand what would happen if all the whites left.

I wonder if China would come say hello…


34 posted on 02/08/2024 6:19:27 AM PST by EEGator
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To: EEGator

Well all the Japs in Hawaii probably wouldn’t like it.


35 posted on 02/08/2024 6:21:00 AM PST by dfwgator (Endut! Hoch Hech!)
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To: dfwgator

It’s an interesting place. I spent a decent amount of time on the Big Island.(Kona)
There seemed to be cliques and hierarchy issues between sub races.


36 posted on 02/08/2024 6:24:25 AM PST by EEGator
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To: EEGator

When I lived in Hawaii as a kid, all of my teachers were Japanese women. I had a schoolboy crush on a few of them.


37 posted on 02/08/2024 6:25:21 AM PST by dfwgator (Endut! Hoch Hech!)
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To: CFW

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

From your post to God’s ears.

I pray for the country to eventually divide up so that my daughter can hopefully grow up and live in a free nation that respects liberty.


38 posted on 02/08/2024 6:25:33 AM PST by CapnJack ( )
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To: EEGator

39 posted on 02/08/2024 6:26:48 AM PST by dfwgator (Endut! Hoch Hech!)
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To: Gay State Conservative; marktwain

Trump was able to seat one there. It’s still bad.

Just recently, this week a 3 judge panel in the 9th did it again. Instituted insane infringements on ammunition purchases that had been ruled unconstitutional by a state court judge that follows the Constitutions, Federal & California.

Take a look at this article. https://www.ammoland.com/2024/02/california-ammunition-infringements-back-in-force-for-now/#axzz8R9rtThrd

For one week the residents or serfs of California were able to buy ammo just like FreeStater’s. The online 2A community wasted no time welcoming California back and offering them deals on ammo.

I can’t wait until some intrepid reporter produces the sales figures from that week of freedom, it that’s even possible. Something tells me that Californians are just about through with this stuff.

There’s many, many, many gun owners in California and well trained veterans in the mix. I hope there’s a better way to fix this, hopefully with everyone’s participation, this November will bring us a peaceful way forward.


40 posted on 02/08/2024 6:30:48 AM PST by bigfootbob (Arm Up and Live Free!)
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