MSLF’S CENTER TO KEEP & BEAR ARMS RELEASES STATEMENT CONDEMNING THE SUPREME COURT OF HAWAI’I’S DECISION ON SECOND AMENDMENT RIGHTS
February 9, 2024 — The Supreme Court of Hawai’i issued a shocking opinion on February 7 that wholly fails to respect the U.S. Constitution and our Second Amendment-protected rights. Instead, the court wrote about the “Aloha Spirit,” and asserted that Hawai’i is entitled to do things differently than the rest of the country. The court even went out of its way to question binding Supreme Court case law and then rejected serious constitutional claims based on the state’s local traditions.
By disregarding the scope and importance of our fundamental right to keep and bear arms, the Supreme Court of Hawai’i undermines the natural right to self-defense and is endangering the lives of its citizens. Our U.S. Constitution is designed to secure liberty to all Americans. Not just those in the Lower 48. But the Supreme Court of Hawaii has apparently decided that it knows better than the U.S. Supreme Court and the Constitution. It wrote “In Hawaiʻi, the Aloha Spirit inspires constitutional interpretation.”
The Supreme Court of Hawai’i also engaged in a debate about whether any American really ought to have the right to self-defense. It wrote that “It makes no sense for society to pledge allegiance to the founding era’s culture, realities, laws and understanding of the Constitution.” Of course, that’s exactly what the Constitution is—a pledge made by the people at the Founding of our nation to respect our liberties, regardless of the whims of legislators in the future.
This decision won’t stand. MSLF’s Center to Keep and Bear Arms looks forward to evaluating all of the ways to make sure that the decision is reversed, and how to protect the right to keep and bear arms for all citizens, including Hawaiians. Mountain States Center to Keep and Bear Arms will always fight for the protection of the Constitution and the Second Amendment.
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Mountain States Legal Foundation (MSLF) is a nonprofit, public-interest legal foundation established in 1977. MSLF is dedicated to individual liberty, limited and ethical government, and second amendment rights. MSLF defends its clients through pro bono litigation, primarily against the federal government, in defense of constitutional liberties and the rule of law. With its litigation MSLF seeks victory for its clients at the highest level possible, establishment of binding legal precedents to benefit millions of Americans, and education of the American public on the threat to their liberties that unrestrained government presents.