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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William Murderface said:
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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Federal marshals. Like sheriffs on the state level, they're the enforcement arm for the judiciary.
Rei is Shit. said:
The guy quotes the fucking wire in his ruling :story:
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I counter with another Wire quote: Omar's comin

thewire.jpg
 
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TowinKarz said:
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.
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If George Wallace were to emulate the Texas situation, he would have responded to the segregation rulings (which predate the civil rights act by 10 years) by restructuring the school system to abolish public schools and move schooling into the home (as started to happen during the pandemic when parents saw the insanity being taught to their kids first-hand)

A ruling forcing public schools to de-segregate becomes meaningless if there are no more public schools.

Pentex said:
I don't think the Ninth Circuit is dumb enough to co-sign and let it get to the Supreme Court.
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Pretty sure this is a state supreme court ruling, not a federal one.
This means it goes directly to the US supreme court, bypassing the federal circuits.

This path of appeal is also notorious for straight-up rejection of cert.
Given the facts of the case, even with this egregious ruling, I'd only give it a 50/50 chance.

The guy was not denied a permit post-bruen, he violated existing laws pre-bruen, and bruen didn't strike down permit requirements entirely.
This gives the supreme court an "out".
Regardless of the hyperbole in this ruling, unless it's broadly applied to the permiting process, I'm pessimistic.
 
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Seanut Arbuckle said:
What happened to the whole "we have to obey the supreme court no matter what you feel when they make a judgement/ruling" you were talking about in the texas border issue?
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I assume he's trying for some "Gotcha" by pretending this is the same as the Texas situation and that if you agree with Texas you should also agree with Hawaii. Obviously that is retarded, but here we are.
 
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Hopefully someday the Supreme court strikes this down along with all the double down gun control that happened after Bruen.

We really need cases challenging the Gun Control act of 1968, The Hughes Amendment and the National Firearms Act of 1934.
There is no way any of those are constitutional post Bruen.

However those challenges need to come while Clarence Thomas is still on the bench.
I could easily see Roberts and Barrett cucking because of feelings or some such.
 
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dustbuster said:
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.
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Or literally replacing the cut razor wire within minutes or placing newer and more bountiful rolls of it everywhere 😎🤠
 
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Shroom King said:
I don't mean to be racist but it has been my life experience that the average Hawaiian is just a fatter and browner version of the negro.
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We're lighter brown. Not going to dispute much else with that assessment, other than the social and cultural niggerfication of Hawaiians is a fairly recent phenomenon that hit the gas pedal with cable television and then once more with social media.

(((American pop culture))) is a memetic drug that turns low IQ/low impulse control peoples into niggers and high IQ/high impulse control into neurotic sex-obsessed faggots. First thing that happens in independent Hawaii? We regulate that shit as strictly as Tonga and Samoa does.
 
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dustbuster said:
Pretty sure this is a state supreme court ruling, not a federal one.
This means it goes directly to the US supreme court, bypassing the federal circuits.

This path of appeal is also notorious for straight-up rejection of cert.
Given the facts of the case, even with this egregious ruling, I'd only give it a 50/50 chance.

The guy was not denied a permit post-bruen, he violated existing laws pre-bruen, and bruen didn't strike down permit requirements entirely.
This gives the supreme court an "out".
Regardless of the hyperbole in this ruling, unless it's broadly applied to the permiting process, I'm pessimistic.
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Unfortunately, some of the statements they made are pretty damning.
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They literally outright ignore Bruen, and later on go "No no, its a collective militia right to bear arms, not an individual one" directly contrary to Bruen. The Supremes have to take it, especially since they also cite Stevens' dissent from Heller all over the place.
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Yeah, this was a direct shot at Bruen and Heller both:
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SCOTUS has to hammer these fuckers hard. This is the sort of thing even Roberts is going to have to smack down unless he wants "his" court to look weak and impotent.

I could keep going on and on, but I think you all get the idea. Shit, they even mention Dobbs as an instance of SCOTUS overreaching its bounds.
 
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MadStan said:
It is a good read. I see where Hawaii is coming from on this.
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Where they are coming from needs a proctologist to discover.

The whole idea that there's some innate spirit of brotherhood and pacifism on Hawaii anyway is laughable, even if it mattered, which it doesn't. They were killing each other long before we got there.
 
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MembersSchoolPizza said:
Where they are coming from needs a proctologist to discover.

The whole idea that there's some innate spirit of brotherhood and pacifism on Hawaii anyway is laughable, even if it mattered, which it doesn't. They were killing each other long before we got there.
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I need to know the name of his supplier if he thinks this is a practical, convincing, sound legal argument as opposed to an angry screed about SCOTUS ruling wrong.
 
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TowinKarz said:
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.
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All I'm seeing with these examples is that liberal legal victories and such get enforced.

Will the functionaries putting in laws defying Bruen get Wallace'd? Will they get dragged kicking and screaming out of office?

You know the answer to this.
 
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