Hawaiian Supreme Court: “Spirit of Aloha” Supersedes State Individual Carry Rights

out of the State of Hawaii, the State’s highest court has ruled that Hawaii’s citizens do not have a right to carry firearms: “”We hold that in Hawaiʻi there is no state constitutional right to carry a firearm in public.”

The State, per Hawaii procedure, appealed straight to the Hawaii Supreme Court, which took the case, and has now ruled that the dismissal of the criminal charges against Wilson was Rather, this court frequently walks another way. Long ago, the Hawaiʻi Supreme Court announced that an “opinion of the United States Supreme Court . . . is merely another source of authority, admittedly to be afforded respectful consideration, but which we are free to accept or reject in establishing the outer limits of protection afforded by . . . the Hawaiʻi Constitution.” Further, “this court has not hesitated to adopt the dissents in U.S.

When the Hawaiʻi Constitution was first ratified, courts throughout the nation’s history had always interpreted and applied the Second Amendment with the militia-centric view…. The United States Supreme Court disables the states’ responsibility to protect public safety, reduce gun violence, and safeguard peaceful public movement. A government by the people works. Hawaiʻi’s legislative branch has passed sensible firearms laws. And Hawaiʻi’s executive branch has enforced those laws. The most recent available data from the Centers for Disease Control shows that Hawaiʻi has the nation’s second-lowest rate of gun deaths per year.

HRS § 134-25 and § 134-27 allow a person to carry a handgun for self-defense outside the home if they have a license issued per HRS § 134-9. See HRS § 134-25 ); HRS § 134-27 .

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