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

 

[The Backwards Man]

That was quite ballsy of the Hawaii court to basically tell the US Supreme Court "No Stalker child, it is YOU who are wrong, enjoy prison".

No, Hoʻopaʻa child. I do not care what the Supreme court of ʻAmelika thinks. E hauʻoli i ka hale paʻahao.

 

[pikachudidnothingwrong]

This is where defeated (redundant and antiquated) cultures/civilization worship gets you. It may seem nice to let idiots enable their LARPS, but it leads to shit like this!

 

[Watcher]

They wanted to be part of the USA. That includes abiding by the constitution. This'll 100% get thrown out once it gets appealed to the Supreme Court. It's genuinely surprising they even thought this would work.

 

[mindlessobserver]

This is where defeated cultures/civilization worship gets you. It may seem nice to let idiots enable their LARPS, but it leads to shit like this!

Defeated cultures lost for a reason.

 

[UnKillFill]

Every state is ignoring the federal government these days...

I'm partially in favor of more states telling the federal government to go fuck itself, especially against an administration that acts as lawlessly as this one does..

With that said, a state can't just ignore the constitution any more than the federal government itself can (I know it still does..). If it can just be unilaterally ignored, then it isn't worth the paper it's written on.

By Hawaii's logic, Arkansas could just declare tomorrow that the 15th and 19th amendments don't apply to them because of the "Dixie spirit". Admittedly based, but it would be just as illegal.

 

[mindlessobserver]

With that said, a state can't just ignore the constitution any more than the federal government itself can (I know it still does..). If it can just be unilaterally ignored, then it isn't worth the paper it's written on.

Well we are already getting to that point already. Constitutionally, if a Resident of Kentucky has a license to carry, he should not run into any trouble for carrying in New York City while on vacation due to the 14th amendments equal protection clause. Whatever bullshit carry laws New York has should not apply. But there are many incidents of tourists in ultra blue cities ending in jail for firearms offenses doing things that would be perfectly acceptable in their own districts.

This also does not just apply to gun issues it needs to be noted. Blue Areas of the country have for years now done patently unconstitutional things, such as DEI hiring for government jobs and contracts, preferential college enrollment and hiring schemes based on race for public universities, race based preferences for public assistance and so on.

The issue has always been that the Conservatives, being by nature resistant to rocking the boat, have largely gone along with things in the interest of maintaining stability for the organization of the State as a whole. That willingness to play ball in the interest of keeping society going has been eroding for years now under the double standard and we are getting to the point where Conservatives are just as willing to throw saw dust into the mechanisms of a stable society as the liberals. When both sides of the political spectrum are actively sabotaging the State, the State is not long for this world. Especially when the Administrative Class of the State represents its own unified political faction based solely around using the State as a means of personal enrichment.

Probably the one thing the MAGA crowd and the Tankies can agree on at this point is we need to bring Guillotines to the national mall. For a perfectly peaceful, public demonstration of metaphorical crowd justice.

 

[Sexy Peach Emoji]

They wanted to be part of the USA. That includes abiding by the constitution. This'll 100% get thrown out once it gets appealed to the Supreme Court. It's genuinely surprising they even thought this would work.

Dole wanted Hawai'i to be part of the USA.

 

[Givi]

Ah yes, Slim Charles, political activist and well known proponent of common sense gun control. I still remember the scene where he told Bodie to get his ass down to the police station so he could get his background check and license before purchasing a firearm.

 

[HyperboreanRightsActivist]

This is why you're a state and not an independent kingdom

 

[Sister Miriam Godwinson]

So... What is federal government going to do about his?

 

[LOWERCASE LETTERS]

Everyone involved knows this will get sent up the ladder to the 9th circuit, where the en banc judges will do their best to waste time for as long as possible to keep it from the supreme court as long as they can.

 

[William Murderface]

Dole wanted Hawai'i to be part of the USA.

The only reason Hawaii ended up a state and not still a territory like Puerto Rico was the Cold War. DC figured it would be legally easier to to invoke Article V of the NATO treaty if it was hit by the Soviets or CCP. It's the same reason Alaska was rushed through the statehood process. It's the whole Article VI part that specifies the Europe and North America as covered under the treaty that means Hawaii may or may not be covered. Making it an actual state could tip the scales in favor of NATO getting involved should the Cold War have gone hot.

 

[drfuzzyballs]

I will support Hawaiian independence so they can no longer influence the American government.

 

[William Murderface]

I will support Hawaiian independence so they can no longer influence the American government.

Cut them loose but explain to them we're keeping Pearl Harbor.

 

[dustbuster]

So... What is federal government going to do about his?

Under Biden, nothing.
The next GOP president better be siccing the DOJ on these judges.

Insurrection under color of law.
Conspiracy against rights under color of law.

both of these are federal offenses.

 

[OrangeJuliusEvola]

I will support Hawaiian independence so they can no longer influence the American government.

I do too, so we can throw all the Californian carpetbaggers into the ocean, tell the chinks they can't buy investment properties here, turn the AirB&B properties owned by mainlanders back into homes and charge rent for Pearl Harbor and damages for letting jet fuel get into the water table.

Sure, we'll be way the fuck poorer, but hey independence has its costs.

 

[mindlessobserver]

The only reason Hawaii ended up a state and not still a territory like Puerto Rico was the Cold War. DC figured it would be legally easier to to invoke Article V of the NATO treaty if it was hit by the Soviets or CCP. It's the same reason Alaska was rushed through the statehood process. It's the whole Article VI part that specifies the Europe and North America as covered under the treaty that means Hawaii may or may not be covered. Making it an actual state could tip the scales in favor of NATO getting involved should the Cold War have gone hot.

This is incredibly simplistic. Since the Mexican American War, the USA has held a particular interest in control of the Pacific Ocean. You might say that its interest in the Pacific has been akin to Russia's desire for Warm Ports. Sometimes self defeating. Definitely based around imperial aggrandizement and absolutely the focus of the State for a very long time.

When it comes to controlling the Pacific, it really does not get much better then Hawaii. Its got an absolutely superb harbor, located smack dead center in the middle of the Ocean. The Islands are utterly essential for either an Asian Power to project to North America, or a North American Power to project to Asia. Nobody on either continent can do unto the other before they are done unto in turn, without Hawaii.

In that respect, Hawaii was always destined to be either a North American bitch, or an Asian bitch. The Americans got to it first, and it was something the US was working towards even before the Civil War. The Dole Fruit Company, much like EVERY major US Corporation is not JUST a corporation. It was a form of extra judicial government power that the Federal Government used to get around the Constitution.

It blows my mind that people assume the Feds using Corporations to do their dirty work is a new phenomenon. My brothers in christ, the Feds have ALWAYS used Corporations to do their dirty work.

 

[Mitt Doggy Dogg]

Maybe if their ancestors didnt have this gay spirit vibe and walked around with guns they wouldn't have been made slaves and their land taken away? Seems like the ahola spirit is weak and gay

 

[Xarpho's Return]

Cut them loose but explain to them we're keeping Pearl Harbor.

Nah, just be a territory like U.S. Virgin Islands.

You are American citizens, but can't vote for President, can't send anyone to be a Senator, and your congressmen can't participate in voting. Despite your shoddy rulings, all federal judges in Hawaii are forced to take early retirement. You are entitled to a full pension and your check is in the mail. We keep Pearl Harbor and you can still be a star on the flag.

In return, we will let you enact a local firearms law.

 

[TowinKarz]

You are wholly part of the United States, The Constitution is the supreme and unassailable final word on this matter - the Second Amendment exists in your state, all of it, at all times, and you only a few years ago laughed and danced as one of your Judges made a ruling that said we couldn't build a wall along a border your state doesn't even TOUCH that negatively affected people in 49 other states an ocean away and said we had to bow on account of Federal Supremacy.

Well, the Supreme Court decided on Bruen and now it's YOUR turn to bow you miserable, rotten, petulant little children and your "Mommy says Imma special!" logic.

Yup, the Supremes will laugh Hawaii's claim right out of court. Curbstomp.

An 8-1 curbstomp, that oxygen-waster Sotomayor has gone on record saying rulings that give a "W" to conservatives give her the pickly-wicklies. So she'll probably agree that "Native Spirit" is a good enough reason to abridge the Constitution as any.

Might even encourage the other Girrrrrrrllll Powah! Justice to come along and "fight the boys club" on this one....

That pick is gonna haunt us for years.......