Editorial: Protect our gun regulation legacy
The U.S. Constitution has a Second Amendment that lays out an individual right to bear arms, a provision that more recently has been ruled to ensure a right to carry them outside the home as well. Advocates argue that this arises, partly, from a tradition of gun access in America’s cultural history.
That, however, is not the only tradition or culture that deserves full consideration. Hawaii’s own history and tradition supports a more cautionary approach in which guns are regulated. These principles, along with the most recent changes in state and county gun laws, need to be upheld as well.
Fortunately, the Hawaii Supreme Court has done so in a unanimous decision last week in State of Hawaii v. Wilson. The conclusion: The prosecution of the plaintiff for violating Hawaii’s gun laws was justified.
The decision responded to a 2017 case that arose from prosecution of trespassing and a firearms violation. A Maui landowner had called police after seeing plaintiff Christopher Wilson walking through his property, carrying a loaded, unregistered pistol in his front waistband. Police charged Wilson because of the registration violation and the trespassing violation, which Wilson contested.
The plaintiff primarily was challenging the firearms prosecution, arguing that the gun was legally purchased in Florida and that the gun charge was itself a violation of his Second Amendment rights. That motion was initially denied.
In 2022, the U.S. Supreme Court found, in New York State Rifle &Pistol Association v. Bruen, that the Second Amendment offered some protection for carrying a gun in public. Wilson’s attorney filed a second motion referencing this ruling.
Don't miss out on what's happening!
Stay in touch with top news, as it happens, conveniently in your email inbox. It's FREE!
But the finding in Bruen allowed for local jurisdictions to define “sensitive places,” where guns can be prohibited without violating the Second Amendment. The state Supreme Court last week determined, rightly, that Wilson could be prosecuted under Hawaii’s laws.
Hawaii Justice Todd Eddins, who wrote the decision, invoked the “spirit of Aloha,” which he said “clashes with a federally-mandated lifestyle that lets citizens walk around with deadly weapons during day-to-day activities.”
Eddins noted that the islands’ history of gun regulation dates to its kingdom days, citing an 1833 law under King Kamehameha III prohibiting possession of any “dangerous weapon.” That legacy followed Hawaii into statehood, resulting in low rates of gun ownership and firearms-related deaths.
According to the Centers for Disease Control and Prevention, Hawaii’s firearm injury death rate is 4.8 per 100,000 population, based on 2021 data, the agency’s most recent. That’s the second-lowest rate in the country, with only Massachusetts coming in lower, at 3.4.
How long Hawaii can maintain that safety record will depend on how well state and county officials navigate the post-Bruen realities. Last year, Senate Bill 1230 was passed, which became Act 52 with the governor’s signature, outlining sensitive locations where carrying guns are prohibited.
Counties further defined rules for licensing and permitting for carrying. The Honolulu Police Department, for example, tightened up training requirements, which was a rational step.
Hawaii leaders are right to assert a desire to keep this state and its communities as safe as possible. The New Year’s Day HPD chase after a gunman was one sobering reminder why it’s necessary. Elsewhere, Wednesday’s Kansas City tragic mass shooting was yet another.
Local history has put Hawaii on the right track, away from needless repeat occurrences of gun violence. Now the state must stay on that path.