Law 2nd Amendment Doesn't Exist in Hawaii Because of "Aloha Spirit"

So, there was a case in Hawaii about open carrying a handgun (since Hawaii refuses to issue Concealed Carry Permits to mere plebs) . The lower appellate court ordered a dismissal of charges and the state appealed. The state supreme court issued a ruling that says the Heller and Bruen decisions the US Supreme Court don't actually apply because, and I wish I was kidding here, the "Aloha Spirit" and then they quoted the TV show The Wire character Slim Charles who said "the thing about the old days, they the old days." Seriously.

The entire decision reads like something Ketanji Brown would come up with. It's amazing. You don't even need to be a lawyer to read this one, but being a moron helps.

https://www.courts.state.hi.us/wp-content/uploads/2024/02/SCAP-22-0000561.pdf
 
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Aloha Spirit.png

This is insane.
 
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In Hawaiʻi, the Aloha Spirit inspires constitutional interpretation. See Sunoco, 153 Hawaiʻi at 363, 537 P.3d at 1210 (Eddins, J., concurring). When this court exercises “power on behalf of the people and in fulfillment of [our] responsibilities, obligations, and service to the people” we “may contemplate and reside with the life force and give consideration to the ‘Aloha Spirit.’” HRS § 5-7.5(b) (2009). The spirit of Aloha clashes with a federally-mandated lifestyle that lets citizens walk around with deadly weapons during day-to-day activities. The history of the Hawaiian Islands does not include a society where armed people move about the community to possibly combat the deadly aims of others.
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Wait, so is the argument here literally "Federally it's not against the law, but it just kinda goes against the general vibe we got goin' on here, ya know"?
 
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Section 17 of Article I of the Hawaiian constitution is literally a copy-paste of the Second Amendment except they took out two commas from the original lol
RIGHT TO BEAR ARMS

Section 17. A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed. [Ren Const Con 1978 and election Nov 7, 1978]
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Second Amendment​


A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
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A lot of this bullshit could be fixed if the FBI/DOJ did its fucking job, and enforced TITLE 18, U.S.C., SECTION 242.

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, ... shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
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Any Republican candidate who not only cleans house in the FBI and ensures that the DOJ does its fucking job, will have my vote.
 
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Beautiful Border said:
Wait, so is the argument here literally "Federally it's not against the law, but it just kinda goes against the general vibe we got goin' on here, ya know"?
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More or less. "We agreed to abide by the Constitution and the Bill of Rights...but not if it doesn't jibe with our feelings."

So much for the Supremacy Clause.
 
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JosephStalin said:
Yup, the Supremes will laugh Hawaii's claim right out of court. Curbstomp.
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The problem is who is going to enforce the Supreme Court's curbstomping if the Hawaiian or Californian or New Yorker governments continue to ignore Supreme Court decisions?

"I see John Marshall John Roberts has made his decision; let him enforce it."
 
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LaxerBRO said:
It sounds like the guy didn't apply for his CCW and got busted.

Still concerned but I thought this was an all out attack against Bruen.
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The problem is Hawaii refuses to issue anyone a CCW in the first place, despite it being on the books. Hawaii is basically saying he should have applied for something he will not be issued and then arrested him for open carrying.
 
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There's a legal remedy when states infringe upon Constitutionally-protected civil rights and those rights cannot be enforced through normal judicial processes:

Whenever the President considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State by the ordinary course of judicial proceedings, he may call into Federal service such of the militia of any State, and use such of the armed forces, as he considers necessary to enforce those laws or to suppress the rebellion.
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It's been done before. We just need the right people in the right places to make it happen again.
 
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