The Hawaii Supreme Court ruled that a man can be prosecuted for carrying a gun in public without a permit despite claiming it was for self-defense.
The decision overturned a lower court ruling that said charging the man would violate his Second Amendment rights.
Christopher Wilson was arrested Dec. 7 in the West Maui Mountains and charged with keeping a firearm and ammunition in an improper place, Newsweek reported.
Wilson was found in possession of a handgun loaded with a 10-round magazine, without a permit as required by state law. He insisted he had the gun for self-defense.
The defendant's attorneys moved to dismiss the charges, arguing they violated the Second Amendment in the context of the 2022 Supreme Court ruling in New York State Rifle & Pistol Association v. Bruen.
In that case, the U.S. Supreme Court, in a 6-3 decision, ruled that the Constitution provides a right to carry a gun outside the home.
After Hawaii's Circuit Court of the Second Circuit granted the motion, the state appealed to the Supreme Court.
"Article I, Section 17 of the Hawai'i Constitution mirrors the Second Amendment to the United States Constitution. We read those words differently than the current United States Supreme Court," the Hawaii Supreme Court justices said in their ruling.
"We hold that in Hawai'i there is no state constitutional right to carry a firearm in public."
In their appeal, state authorities argued Wilson "did not bother to apply for a carry license" and thus didn't fulfill the necessary legal requirements under the state's licensed open carry law.
"We reject Wilson's constitutional challenges," the justices wrote. "Conventional interpretive modalities and Hawai'i's historical tradition of firearm regulation rule out an individual right to keep and bear arms under the Hawai'i Constitution. In Hawai'i, there is no state constitutional right to carry a firearm in public."
The Hawaii Supreme Court said the U.S. Constitution uses "military-tinged language — 'well regulated militia' and 'bear arms' — to limit the use of deadly weapons to a military purpose."
"In contrast, there are no words that mention a personal right to possess lethal weapons in public places for possible self-defense," the justices said.
The Hawaii Supreme Court referenced the island's history as an independent kingdom, as well as the improvements in firearms since the Second Amendment was ratified in 1791, Newsweek reported.
"Smoothbore, muzzle-loaded, and power-and-ramrod muskets were not exactly useful to colonial era mass murders. And life is a bit different now, in a nation with a lot more people, stretching to islands in the Pacific Ocean," the justices wrote. "As the world turns, it makes no sense for contemporary society to pledge allegiance to the founding era's culture, realities, laws, and understanding of the Constitution."
This was followed by a quote from the hit HBO show The Wire, stating: "The thing about the old days, they the old days."
Charlie McCarthy ✉
Charlie McCarthy, a writer/editor at Newsmax, has nearly 40 years of experience covering news, sports, and politics.
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