Explore The NRA Universe Of Websites

APPEARS IN News

Hawaii Justices “Declare War” on U.S. Supreme Court, to the Cheers of Anti-Gun Media

Tuesday, February 20, 2024

Hawaii Justices “Declare War” on U.S. Supreme Court, to the Cheers of Anti-Gun Media

In Hawaii, a man who was peacefully carrying a pistol for his own self-protection while on a nature hike was arrested and subject to felony prosecution under state laws that generally confine the possession of guns and ammunition to ones own home or premises. The man, Christopher Wilson, invoked the Second Amendment and Hawaiis constitutional right to arms (with wording identical to the Second Amendment) in his defense. Wilson prevailed on these claims in the lower court, and the state appealed to the Hawaii Supreme Court. There, the court disparaged Wilsons federally-guaranteed right to bear arms and denied him standing to challenge the states license to carry law, even though the state illegally refused to issue licenses during the relevant time period. In doing so, the court openly mocked the U.S. Supreme Courts Second Amendment jurisprudence; adopted dissenting language as binding law; and cited a television show and the Aloha Spirit” in its reasoning.” The opinion in State v. Wilson thus makes plain the thinly-disguised refusal anti-gun states have shown to complying with the Second Amendment. The anti-gun media is likewise dropping its usual pretense to celebrate this act of judicial rebellion.

We have written extensively about the open defiance anti-gun states have shown to the U.S. Supreme Court in the wake of its decisions recognizing and elaborating upon the individual right to keep and bear arms protected by the Second Amendment. To summarize, each time the Supreme Court has issued an opinion upholding this right, anti-gun states have responded by passing laws that make obtaining and lawfully using firearms more difficult, more expensive, and less practical for law-abiding people. They have also insisted that existing laws passed under the pretext that no individual right existed under the Second Amendment were somehow nevertheless perfectly consistent with that right. Then, when they add even more burdens to those laws after the individual right is articulated in binding case law, they invoke public safety” to justify measures that have nothing to do with antisocial behavior.

This charade – as transparent, tiresome, and aggravating as it is – has nevertheless provided one opportunity after another for the U.S. Supreme Court to build upon its Second Amendment rulings. Since 2008, with the landmark decision of District of Columbia v. Heller, firearm prohibitionist have gone 0 for 4 before the high court. One other case was favorably mooted for their side, but that merely set up an epic loss for them two years later in New York State Rifle & Pistol Association v. Bruen, which recognized the right to carry firearms in public for self-defense. This has made prohibitionists increasingly furious, vengeful, desperate, and defiant. Yet that defiance has largely operated within the pretext of regular order, in which lip service is paid to complying with the law and to the ultimate authority of the Supreme Court in construing the U.S. Constitution and federal laws.

Wilson is notable not so much for ignoring or misapplying Supreme Court precedent – which is the typical modus operandi of prohibitionist judges – but for the openness of the contempt, disrespect, and rebelliousness it displays to superior judicial authority. The legal profession is dependent upon norms of professionalism, civility, neutrality, and respect for established hierarchies. It has binding codes of conduct to enforce these norms, among which in Hawaii include the injunction to avoid falsely or recklessly impugning the integrity of judges or other legal officers. Judges themselves are held to an even higher standard of conduct and must avoid even the appearance of impropriety.” To be sure, the profession does not always live up to the letter or spirit of these norms, but they remain an important safeguard in upholding the legitimacy of the legal system. After all, if a person cannot resort to the judicial system to peacefully adjudicate disputes or violations of vested rights, what options are left?

Ironically, one of the best sources in explaining just how far afield the Wilson opinion is of these norms is an article published by the anti-gun media organ Bloomberg News (the namesake of which, Michael Bloomberg, is a leading funder and advocate of the firearm prohibition cause). That article also abandons the norms that once applied to the profession it represents and unreservedly cheers what it calls the Hawaii Supreme Courts declaration of war.”

The article is headlined Hawaii Rightly Rejects Supreme Courts Gun Nonsense.” It begins with the assertion, Blue states are not generally known for attacking the federal government or running rogue programs in defiance of federal law,” an implicit acknowledgement that what is to follow is an example of exactly that. Yet even as the article manages a disparaging reference to an insurrectionist who wants to be president,” it takes the side of state justices whose frustration” with the Supreme Court flowed like lava from an angry volcano” and who rejected any obligation of deference” or even basic respect.”

But its not just the opinions unusual tone that earns the approval of Bloombergs scribe. Hawaii declared Bruen null and void in the Aloha State,” the article continues, a move it characterizes as an open display of contempt.” It goes on: The purpose of the Hawaii opinion … is not merely to shame the passengers of the constitutional clown car in Washington. Its to declare war on the chaos that they enable.”

The article also indulges in its own swipes at the Supreme Court, criticizing its purported hackishness” and seething, The US Supreme Court is perhaps best understood as an old-school ward heeler who dresses Christmas turkeys for the neighborhood partisans in highfalutin words.” It concludes by calling the Supreme Courts Second Amendment jurisprudence a game” the Hawaii Supreme Court seems to be finished playing.”

Temper tantrums may provide a temporary catharsis for weak-minded individuals with low impulse control. Rarely, however, do they prevail where serious people are engaged in the mature business of making consequential decisions. Hopefully Mr. Wilsons case eventually lands before such a tribunal, for it is his right as an American – and those of his fellow Hawaiians – that are the casualty of those actors in the state and media who believe their indignation is a law unto itself.

TRENDING NOW
Bye-Bye, Biden! Trump Inauguration Signals Sea Change on the Second Amendment

News  

Tuesday, January 21, 2025

Bye-Bye, Biden! Trump Inauguration Signals Sea Change on the Second Amendment

Some elections are won and lost on narrow grounds. But on many of the most important issues of the day, Donald Trump’s policies promise not just to be different from, but the opposite of, Joe ...

Will the DNC go Hogg Wild?

News  

Tuesday, January 21, 2025

Will the DNC go Hogg Wild?

We haven’t written much about one of America’s most irksome or notorious or galling  gun-ban extremists, David Hogg, in quite some time.  

ATF (Sort of) Walks Back Braced Pistol Comments

News  

Tuesday, January 21, 2025

ATF (Sort of) Walks Back Braced Pistol Comments

Last week, we reported that an unnamed ATF official, speaking for the agency’s Firearms Industry Programs Branch (FIPB), counseled a gun owner via ATF’s official email that ATF considers all pistols equipped with stabilizing braces ...

Washington: Ammo Tax Added to Tuesday’s Onslaught of Anti-Gun Bills

Saturday, January 18, 2025

Washington: Ammo Tax Added to Tuesday’s Onslaught of Anti-Gun Bills

This coming Tuesday is going to be a critical day for law-abiding gun owners across Washington, with three separate hearings scheduled to review anti-gun legislation. 

“Public Order” at the Cost of Public Order

News  

Tuesday, January 21, 2025

“Public Order” at the Cost of Public Order

In recent years, the United Kingdom has served as a cautionary tale for what can happen when citizens don’t adequately safeguard individual rights - most notably, the right to free speech and the right to ...

NRA Files Lawsuit Challenging Recreational Shooting Ban on Sonoran Desert National Monument

Tuesday, January 21, 2025

NRA Files Lawsuit Challenging Recreational Shooting Ban on Sonoran Desert National Monument

On January 17, the NRA joined the U.S. Sportsmen’s Alliance Foundation and Safari Club International in filing a lawsuit against the Bureau of Land Management (BLM) over its near prohibition on recreational target shooting on ...

Urge Congress to Protect Your Right to Carry – Contact Your Member of Congress Today!

News  

Wednesday, January 8, 2025

Urge Congress to Protect Your Right to Carry – Contact Your Member of Congress Today!

Dear NRA Member: U.S. Representative Richard Hudson (R-NC) has reintroduced the Constitutional Concealed Carry Reciprocity Act (H.R. 38). Representative Hudson, the longstanding champion of this legislation, along with more than 120 of his colleagues have ...

NRA Files Amicus Brief in Case Attempting to Punish Firearm Manufacturers for Pro-Second Amendment Social Media Posts

Wednesday, January 15, 2025

NRA Files Amicus Brief in Case Attempting to Punish Firearm Manufacturers for Pro-Second Amendment Social Media Posts

Yesterday, NRA filed an amicus brief supporting firearm manufacturers in a case where the plaintiffs allege that the manufacturers’ pro-Second Amendment social media posts caused a third party to commit a horrific public shooting.

Good News, Bad News on ATF Director Dettelbach

News  

Monday, January 6, 2025

Good News, Bad News on ATF Director Dettelbach

It’s really just good news to report that Joe Biden’s director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Steven Dettelbach, has announced his resignation.  

California: DOJ Announces Proposed Rulemaking on Carry Concealed Weapons Licenses

Tuesday, January 14, 2025

California: DOJ Announces Proposed Rulemaking on Carry Concealed Weapons Licenses

The California Department of Justice announced proposed rulemaking on Carry Concealed Weapons License regulations, including the qualifications required to apply for a license and to be a CCW DOJ Certified Instructor. This package of proposed ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.