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 ...
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.
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
Pretty much, unless something drastic changes it.
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
Secession now..secession forever.
States Rights. A slippery slope for liberal idiots.
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.
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.
Once President Trump regains office, Hawaii will declare Article II to be null and void in Hawaii.
-PJ
Are the new billionaire compound owners dictating the rule of law there so that only their personal armies will have weapons?
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!
interesting
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.
It shouldn’t even be a state...the New York of the Pacific.
Evidentially no one on the court appreciated the original Magnum PI.
This, it’s going to get appealed to the USSC, which will slap down the Hawaii SC.
Interesting?
I found it quite confusing!
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