Second amendment
Hawaii Supreme Court says 'spirit of aloha' conflicts with 'federally mandated' gun lifestyle
In an opinion criticizing the U.S. Supreme Court's historic approach to Second Amendment cases, the Hawaii Supreme Court has upheld a state law banning the carrying of guns in public. (Image from Shutterstock)
In an opinion criticizing the U.S. Supreme Court's historic approach to Second Amendment cases, the Hawaii Supreme Court has upheld a state law banning the carrying of guns in public.
“In Hawaii, the spirit of aloha influences constitutional interpretation,” the state Supreme Court said in a unanimous Feb. 7 ruling. “The spirit of aloha clashes with a federally mandated lifestyle that allows citizens to walk around with deadly weapons during their daily activities.”
Reported by Reuters, Bloomberg Law, and the Associated Press (all via How Appealing).
According to the ruling and Bloomberg Law, the man, Christopher Wilson, was challenging Hawaii's “place of storage” law, which requires guns and ammunition to be stored at a “place of business, place of residence, or place of residence.” There was an exception to this law that allowed licensed persons to carry handguns for self-defense.
Wilson cited the Supreme Court's June 2022 ruling. New York State Rifle & Pistol Association v. Bruen, the Second Amendment to the Constitution recognizes the right to carry a handgun outside the home for self-defense. In its decision, the Supreme Court said gun control should be evaluated based on the country's historical traditions.
The Hawaii Supreme Court said it would first interpret the state constitution and then the U.S. Constitution. The section of the opinion evaluating constitutional law did not begin until page 52 of the 53-page opinion.
The Hawaii Supreme Court has evaluated parts of the Hawaii Constitution that reflect the language of the Second Amendment. Despite the similarities, the state Supreme Court concluded that Hawaii's Constitution does not create a constitutional right to carry firearms in public for self-defense. In an opinion written by Hawaii Supreme Court Justice Todd W. Eddins, the state Supreme Court ruled that the state's historical tradition defines the right to bear arms in a “collective, paramilitary sense,” rather than an individual right. He said he supports it.
“When Hawaii's Constitution was first ratified, courts throughout the nation's history have always interpreted and applied the Second Amendment with a militia-centered view,” Eddins wrote.
The state Supreme Court also concluded that the original purpose of the Second Amendment was to protect states' rights to have militias.
“It's something they've been thinking about for a long time,” Eddins wrote. “Nobody brings a musket to a wig maker just in case.”
“blue en Unraveling a lasting law,” Eddins wrote. “The level of scrutiny and public safety balancing test that our nation's courts have used for years to evaluate firearms laws no longer exists. Instead, courts are improvising a 'history-only' standard.” ”
“We believe it is a misguided view to assume that today's public safety laws must be like laws enacted long ago,” Eddins said. “Smooth-bore, muzzle-loading, gunpowder and ramrod muskets were of no use to mass murderers in the colonial era. Life is a little different now.”
The Hawaii Supreme Court also stated: blue en Supreme Court Justice Brett Kavanaugh agreed that states retain the power to require people to obtain a license to carry firearms in public. The state Supreme Court said two of Hawaii's contested “storage area” laws have exceptions that allow licensed handgun owners to carry handguns for self-defense.
The law “does not violate Wilson's Second Amendment rights,” the state Supreme Court concluded.
The case is hawaii vs wilson.
