Packing some of the country’s most all-encompassing gun laws — and some of the lowest rates of gun violence — Hawaii is getting attention for a new state Supreme Court decision.
The ruling comes up against a U.S. Supreme Court decision expanding how and when someone may openly carry a gun.
Hawaii’s highest court won praise from Gov. Josh Green for the local decision upholding the constitutionality of state firearms laws, which generally prohibit carrying a firearm in public unless licensed to do so.
As Green noted in a news release: “The Hawaii Constitution does not afford a right to carry firearms in public places for self defense.” The court noted that the words of the Hawaii Constitution confer a right to “keep and bear arms” in the context of a “well-regulated militia.”
Discussions on gun rights say that guns, and the laws that govern them, are central to the foundation of the United States. The Second Amendment to the U.S. Constitution, for instance, references people’s right to own and bear arms.
But each state sets its own gun laws — and they range from Montana and Alaska with essentially no gun regulation at all; to states like California and Hawaii, with specific and extensive regulations.
The range of rules go from laws enabling people to openly carry guns in public in full view of everyone, to other laws that limit who can have access to a firearm, such as those who fail to pass a background check.
The Hawaii Supreme Court ruling was praised both by Gov. Green and Hawaii Attorney General Anne Lopez.
Lopez said, “This is a landmark decision that affirms the constitutionality of crucial gun-safety legislation.
“This language — read in light of Hawaii’s long history of protective firearms laws — excludes an individual right to carry deadly weapons in public under the Hawaii Constitution.
“This is a landmark decision that affirms the constitutionality of crucial gun-safety legislation.”
In her comments, the AG praised the decision written by Justice Todd Eddins. Lopez quoted him, saying, “The spirit of Aloha clashes with a federally-mandated lifestyle that lets citizens walk around with deadly weapons during day-to-day activities.”
The Giffords Law Center, a political action organization opposing to the increased possession of guns, ranks the power of various gun laws. It says Hawaii has important regulations.
“In 2023, Hawaii vastly expanded the types of locations where firearms may not be carried,” the Giffords web page said. These locations include state buildings, hospitals, courtrooms, bars, restaurants and public parks.
Giffords ranks Hawaii among the Top 5 safest states in terms of death by firearm cases.
If the state is going to actively get into the gun possession debate, Green and AG Lopez are doing so on the side of saving lives.
Richard Borreca writes on politics on Sundays. Reach him at 808onpolitics@gmail.com.
