On February 7, 2024, the Supreme Court of Hawaii rendered a significant decision asserting that the ruling of the U.S. Supreme Court in Bruen (2022) does not supersede Hawaii’s constitution, which does not recognize a state constitutional right to carry firearms in public.
This verdict arose from the case of Hawaii v. Wilson, where the petitioner, Wilson, sought validation of his right to publicly carry a firearm for self-defense without the prerequisite of obtaining a permit from the state.
The Supreme Court of Hawaii, in a unanimous decision against Wilson, was presided over by Judge Todd Eddins, an appointee of Governor David Ige (D), who authored the majority opinion.
In his opinion, Judge Eddins stated, “We refute Wilson’s constitutional contentions. The conventional interpretive methods and Hawaii’s historical tradition of firearm regulation negate an individual’s right to keep and bear arms under the Hawaii Constitution.”
He further addressed the U.S. Supreme Court’s Bruen decision, which invalidated New York’s requirement of demonstrating proper cause for the issuance of concealed carry permits.
Judge Eddins remarked, “Bruen disregards federalism principles. Nevertheless, the U.S. Supreme Court does not divest states of all authority to enact traditional police power laws aimed at safeguarding public welfare.”
He went on to emphasize, “States retain the prerogative to mandate that individuals obtain a license before carrying firearms in public.”
The implications of the Bruen decision, particularly its acknowledgment of the Second Amendment protecting the right to carry firearms outside the home for self-defense, raise questions about potential appellate actions.
On June 23, 2022, Breitbart News cited Supreme Court Justice Clarence Thomas’s majority opinion, wherein he affirmed previous rulings recognizing the right to possess firearms in the home for self-defense and expanded the scope to include carrying handguns publicly for self-defense.
The case is identified as Hawaii v. Wilson, No. SCAP-22-0000561 in the Hawaii Supreme Court.
