Hawaii court says 'spirit of Aloha' supersedes Constitution, Second Amendment

Fox News ^

[Tench_Coxe]

Hawaii's highest court ruled Wednesday that Second Amendment rights as interpreted by the U.S. Supreme Court do not extend to Hawaii citizens, citing the "spirit of Aloha."

In the ruling, which was penned by Hawaii Supreme Court Justice Todd Eddins, the court determined that states "retain the authority to require" individuals to hold proper permits before carrying firearms in public. The decision also concluded that the Hawaii Constitution broadly "does not afford a right to carry firearms in public places for self defense," further pointing to the "spirit of Aloha" and even quoting HBO's TV drama "The Wire."

"Article I, section 17 of the Hawaii Constitution mirrors the Second Amendment to the United States Constitution," the Hawaii Supreme Court decision states. "We read those words differently than the current United States Supreme Court. We hold that in Hawaii there is no state constitutional right to carry a firearm in public."

[logi_cal869]

Reinforces further my prior comment

https://freerepublic.com/focus/news/4215887/posts?page=8#8

[antidemoncrat]

And if the Chinese ever decide Hawaii should be part of their kingdom and attack, I say let the spirit of Aloha’ protect you and don’t ask other Americans bring their 2nd Amendment rights and come to your rescue.

[Impala64ssa]

Would we be losing much if we gave Hawaii to China?
Perhaps we should let the Chinese take Hawaii, and all that goes with it. Just give us the USS Arizona Memorial and take the rest.

[from occupied ga]

See post #120

[Does so]

That wasn’t the case when I lived there but, with their growing population, Hawaii has become more politically Leftist.

More Hawaiians are claiming “natural born” citizenship with the intent to sever ties with the US. However many are surnamed with Portuguese, Mexican, Chinese, Philippino, German, Japanese and “Anglo” names. They’re keen on their “given” native first names.

One popular “native” singer is named Carleton Lewis
Kealiʻinaniaimokuokalani Reichel. Go figure.

More recently, the Supreme Court struck down a Hawaiian election whose voters were restricted to the “native born”.

[MayflowerMadam]

I have a few of Keali’i Reichel’s CDs. When I want to chill, I put on my Hawaiian music.

[Does so]

As do I...!

[TexasKamaAina]

A few years ago SCOTUS heard a 2nd Amendment case called "Caetano v Massachusetts".After the Massacusetts state Supreme Court upheld Caetano's conviction on a weapons charge she appealed,on 2nd Amendment grounds,to the Federal courts and SCOTUS took the case. SCOTUS ruled...9-0...in Caetano's favor stating in its decision that the state Supreme Court's reasoning in upholding her conviction was "frivolous". But to their credit the state courts reversed her conviction and invalidated the law under which she was convicted. IOW...they obeyed the SCOTUS decision. Looks like Hawaii is taking a different path.

This is a very interesting situation and I'm surprised it's not receiving more attention. Unlike the Massachusetts situation, where a state court opinion was appealed to the USSC, this decision is in direct opposition to an existing USSC opinion. So how do you appeal that?

[Gay State Conservative]

I would think that a person actually charged in Hawaii would be able to appeal to the Federal courts for relief.That's what Caetano did in Massachusetts and what Heller did in DC.Basically it's my understanding that when a state law and a Federal law differ on a particular point the Federal law prevails.