Hawaii’s Supreme Court diverged from a 2022 U.S. Supreme Court decision on the Second Amendment, asserting Wednesday that the state does not uphold a constitutional right to carry firearms in public spaces.
The reversal by Hawaii’s Supreme Court pertained to charges against Christopher Wilson, accused of violating three state gun laws, as reported by The Epoch Times. Wilson faced charges related to laws restricting firearm and ammunition possession to private property.
In August 2022, a circuit court judge dismissed Wilson’s charges, citing a violation of his right to bear arms under the U.S. Constitution’s Second Amendment and Hawaii Constitution’s Article 1, Section 17.
While recognizing the alignment of Article 1, Section 17 with the Second Amendment, Hawaii’s Supreme Court interpreted these provisions differently from the U.S. Supreme Court. The state court asserted that Hawaii’s Constitution does not guarantee the right to publicly carry firearms.
The court’s decision was rooted in Hawaii’s historical firearm regulations, which, according to the court, contradict the notion of an individual right to bear arms. The court emphasized the state’s unique cultural context and societal norms, suggesting that permitting the public carry of firearms clashes with Hawaii’s values of Aloha.
The ruling against Wilson marked a departure from previous U.S. Supreme Court decisions on the Second Amendment, including “District of Columbia v. Heller” (2008) and “New York State Rifle and Pistol Association v. Bruen” (2022), as highlighted by The Reload. This rejection of precedent could prompt further review by the U.S. Supreme Court. Attorney Kostas Moros criticized the Hawaii Supreme Court’s decision on social media, urging Wilson to pursue a cert petition, denouncing the ruling as unfounded.
