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

 

[Meat Target]

Revoke the pineapple monkeys' statehood. They're a tourist trap and a military base, nothing more.

"Aloha culture?" Fuck that. Only remote island dwellers can afford that luxury belief. American culture is rooted in eternal hostility towards enemies of liberty.

 

[FunPosting101]

This is going to be struck down by the SCOTUS, that much is clear, the question is what happens if they decide to ignore the SCOTUS ruling after that?

 

[Pentex]

The spirit of Aloha clashes with a federally-mandated lifestyle that lets citizens walk around with deadly weapons during day-to-day activities.

So this is just pineapple nigger-speak for States' Rights.

Outstanding.

I don't think the Ninth Circuit is dumb enough to co-sign and let it get to the Supreme Court.

 

[MadStan]

It is a good read. I see where Hawaii is coming from on this.

 

[TowinKarz]

This is going to be struck down by the SCOTUS, that much is clear, the question is what happens if they decide to ignore the SCOTUS ruling after that?

It can't be ignored, continuing to prosecute a person the SCOTUS has said is free to go is kidnapping, they could, in theory, mobilize the National Guard to kick in the doors to the courthouse and escort him home AND arrest the DA and Cops who brought him in and prosecute THEM or at least let the guy sue the pants off all of them for malicious prosecution, wrongful arrest, etc.

The "Justice Marshal has made his decision, now let's see him enforce it" quote people love to use in situations like this that seems to suggest the court is powerless if defied ignores the fact that there are DOZENS of enforcement arms today that didn't exist back then that WILL step in to stop, or simply refuse to support and obey, unlawful legal process. EXECUTIVE branch agencies.

Flat out ignoring the order of a court will get you arrested.


Still not convinced? Name me one person who was convicted under any of the dozens of Unconstitutional gun control laws that have been "passed" defying Bruen.

 

[Falcos_Commisar]

View attachment 5705470

This is insane.

A judge needs to be hanging from a palm tree ASAP.... In Hawaii's Minecraft server

 

[George Lucas]

The consolation of this is the fact that it’s a state court ruling and must be appealed directly to the Supreme Court, bypassing the 9th circuit. If the cards play right we could have a ruling mandating Constitutional Carry in every state.

 

[dustbuster]

It can't be ignored, continuing to prosecute a person the SCOTUS has said is free to go is kidnapping, they could, in theory, mobilize the National Guard to kick in the doors to the courthouse and escort him home AND arrest the DA and Cops who brought him in and prosecute THEM or at least let the guy sue the pants off all of them for malicious prosecution, wrongful arrest, etc.

The "Justice Marshal has made his decision, now let's see him enforce it" quote people love to use in situations like this that seems to suggest the court is powerless if defied ignores the fact that there are DOZENS of enforcement arms today that didn't exist back then that WILL step in to stop, or simply refuse to support and obey, unlawful legal process. EXECUTIVE branch agencies.

Flat out ignoring the order of a court will get you arrested.


Still not convinced? Name me one person who was convicted under any of the dozens of Unconstitutional gun control laws that have been "passed" defying Bruen.

I don't think SCOTUS ruled on this particular guy's case.
They ruled requiring issuance of carry permits, not whether people defying law previously qualify for immunity.
This ruling in a sane world would at least elicit a response crushing its most egregious portions, but I see roberts cucking and refusing to touch it because the guy was breaking existing laws at the time.

 

[FunPosting101]

It can't be ignored, continuing to prosecute a person the SCOTUS has said is free to go is kidnapping, they could, in theory, mobilize the National Guard to kick in the doors to the courthouse and escort him home AND arrest the DA and Cops who brought him in and prosecute THEM or at least let the guy sue the pants off all of them for malicious prosecution, wrongful arrest, etc.

The "Justice Marshal has made his decision, now let's see him enforce it" quote people love to use in situations like this that seems to suggest the court is powerless if defied ignores the fact that there are DOZENS of enforcement arms today that didn't exist back then that WILL step in to stop, or simply refuse to support and obey, unlawful legal process. EXECUTIVE branch agencies.

Flat out ignoring the order of a court will get you arrested.


Still not convinced? Name me one person who was convicted under any of the dozens of Unconstitutional gun control laws that have been "passed" defying Bruen.

Point taken, but to be fair here isn't Texas ignoring the SCOTUS too right now? I mean, their reasons and arguments for doing so are much better than Hawaii's are, but they're still technically telling the Supreme Court "Nuh-uh" in response to one of their rulings.

 

[The Dude]

Jeez, they really aren't sending their best. The anti-2A crowd are lazy and mentally defective, but this is retarded and lazy on a whole new level. Can't wait to see SCotUS shit-can this ruling with prejudice.

 

[dustbuster]

isn't Texas ignoring the SCOTUS too right now?

Technically no.
Feds are allowed by the ruling to cut razor wire.
The ruling didn't say anything about Texas preventing them getting close enough to cut it.

 

[Rei is Shit.]

The guy quotes the fucking wire in his ruling

 

[Cybertonia]

This is going to be struck down by the SCOTUS, that much is clear, the question is what happens if they decide to ignore the SCOTUS ruling after that?

Just like last time, we will send a single company of marines and their government will fold like a cheap shirt.

 

[Puff]

Technically no.
Feds are allowed by the ruling to cut razor wire.
The ruling didn't say anything about Texas preventing them getting close enough to cut it.

Yeah, currently more like a game of chicken instead of open defiance right now. Federales think Texas will go the open defiance route, so they're not pushing the issue

 

[TowinKarz]

Technically no.
Feds are allowed by the ruling to cut razor wire.
The ruling didn't say anything about Texas preventing them getting close enough to cut it.

Or just re-laying it in the dark.

And razor wire is inanimate

A flesh-and-blood person is a much different thing.

Remember the court clerk who refused to register gay marriage certificates? After a few weeks of posturing and bloviating, she was drug kicking and screaming out of office.

Remember George Wallace? He said Alabama would remain segregated in defiance of the Civil Rights Act. After a few weeks of posturing and bloviating, he submitted, and then someone shot him.

It just doesn't work, legally or practically, to stick your fingers in your ears and go la-la-la when a court, the FINAL court, says "NO" or "YES".

The Texas situation is unique in that it's the GOVERNMENT who's been going la-la-la for decades about solving a problem and using the law as a shield for inaction, not action.

If anything, it proves my point.

 

[WelperHelper99]

Or just re-laying it in the dark.

And razor wire is inanimate

A flesh-and-blood person is a much different thing.

Remember the court clerk who refused to register gay marriage certificates? After a few weeks of posturing and bloviating, she was drug kicking and screaming out of office.

Remember George Wallace? He said Alabama would remain segregated in defiance of the Civil Rights Act. After a few weeks of posturing and bloviating, he submitted, and then someone shot him.

It just doesn't work, legally or practically, to stick your fingers in your ears and go la-la-la when a court, the FINAL court, says "NO" or "YES".

The Texas situation is unique in that it's the GOVERNMENT who's been going la-la-la for decades about solving a problem and using the law as a shield for inaction, not action.

That and Texas is invoking its right to self defense, not to mention calling it a invasion, which is legally defined in the articles, not even the amendments. What legal basis does "aloha spirit sit on? None!

 

[TowinKarz]

That and Texas is invoking its right to self defense, not to mention calling it a invasion, which is legally defined in the articles, not even the amendments. What legal basis does "aloha spirit sit on? None!

There is no "out" in modern law that says you don't have to follow it if you feel you and your immediate friends have a very very unique esprit de corps .

As far as legal arguments go, this one is in "not even wrong" territory.

 

[Meat Target]

Technically no.
Feds are allowed by the ruling to cut razor wire.
The ruling didn't say anything about Texas preventing them getting close enough to cut it.

The Feds themselves said they're not gonna cut the razor wire. The CBP union even said they were glad the Texas guard took over the park in Eagle Pass, since it freed them up to work elsewhere.

 

[Bland Crumbs]

LOL If the state is going to ignore your rights ignore the state.

 

[WelperHelper99]

There is no "out" in modern law that says you don't have to follow it if you feel you and your immediate friends have a very very unique esprit de corps .

As far as legal arguments go, this one is in "not even wrong" territory.

Yeah. Hawaii is literally going on feelings. Texas is going on "its the right thing to do, you fucked up, here's our receipts as to why we're right". Hawaii can't even cite anything as to why they're right to defy the courts like Texas.