The Hawaiian Supreme Court has delivered a groundbreaking ruling, stating that there is no constitutional right in the state to carry a firearm in public. The decision, written by Justice Todd Eddins, maintains that states have the authority to require individuals to obtain permits before carrying guns in public. Moreover, the ruling concluded that the Hawaiian Constitution does not afford individuals the right to carry firearms in public places for self-defense.
The case at the center of the ruling involved Christopher L. Wilson, who was charged with felonies by the County of Maui Department of the Prosecuting Attorney in 2017 for carrying a loaded weapon in his waistband. Wilson had been walking on the property of Flyin Hawaiian Zipline when the owner reported him to the police and assembled his armed compatriots to hold Wilson until law enforcement arrived.
When approached by officers, Wilson promptly informed them about and displayed the unregistered firearm, which he had legally purchased in Florida back in 2013. Subsequently, Wilson and his legal representation brought the matter before the state Supreme Court, arguing that Hawaii’s law violated his Second Amendment right.
At the heart of the debate was Hawaii’s Revised Statutes (HRS) § 134-25 law, which restricts citizens from carrying firearms in public unless they are confined to their place of business, residence, or sojourn, or are being transported in an enclosed container for specific purposes. Violating this law constitutes a class B felony.
In the ruling, Justice Eddins noted that the Hawaiian Constitution’s Article I, section 17 mirrors the Second Amendment of the United States Constitution. However, he pointed out that the state Supreme Court interprets those words differently from the current stance of the United States Supreme Court. Consequently, the ruling declared that there is no state constitutional right in Hawaii to carry a firearm in public.
Furthermore, Eddins invoked the spirit of Aloha, stating that it clashes with the Second Amendment, referring to it as a federally-mandated lifestyle that permits individuals to carry deadly weapons in their day-to-day activities. Eddins also quoted the popular HBO series The Wire in his ruling, emphasizing that the old days have passed.
The ruling has sparked controversy and reactions from various quarters. Charlie Kirk, a prominent commentator, asserted that the Hawaii Supreme Court has essentially nullified the entire Constitution within their state.
The court’s decision sets a significant precedent and sheds light on the ongoing debate surrounding gun rights and regulations in the United States. As the legal landscape continues to evolve, so too does the interpretation of constitutional rights, leaving citizens and policymakers grappling with the delicate balance between personal freedoms and public safety.
