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Hawaii’s Supreme Court declares the Second Amendment clashes with ‘the spirit of Aloha’ and says ‘there is no state constitutional right to carry a firearm in public’

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Hawaii’s Supreme Court declares the Second Amendment clashes with ‘the spirit of Aloha’ and says ‘there is no state constitutional right to carry a firearm in public’


Hawaii’s Supreme Court has ignored recent Supreme Court precedent in a recent case, and upheld state laws that prohibit carrying an unlicensed firearm in public.

‘The spirit of Aloha clashes with a federally-mandated lifestyle that lets citizens walk around with deadly weapons during day-to-day activities,’ Justice Todd Eddins wrote in a unanimous 5-0 decision.

In Wednesday’s ruling, the court said it disagreed with the U.S. Supreme Court’s recent rulings interpreting the right to bear arms under the Second Amendment, which is also repeated almost verbatim in Article 1, Section 17 of Hawaii’s state constitution.

‘We read those words differently than the current United States Supreme Court,’ Eddins wrote. ‘We hold that in Hawaii there is no state constitutional right to carry a firearm in public.’

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Rather, the court contended, the right was ‘militia-centric.’ 

Hawaii’s Supreme Court upheld state laws that generally prohibit carrying an unlicensed firearm in public, straying from precedent set by the U.S. Supreme Court

Michael Wilson was among the justices who stated the Second Amendment 'clashes with the spirit of Aloha

Justice Todd W. Eddins said Hawaii's Supreme Court 'read those words differently than the current United States Supreme Court'

Michael Wilson (left) and Todd W. Eddins (right) were among the justices who stated the Second Amendment ‘clashes with the spirit of Aloha

The court also reversed a lower circuit court’s dismissal of two charges filed against Paia man Christopher Wilson, 47, after he was arrested for criminal trespass while carrying an unregistered pistol.

The case against Wilson dates back to December 2017, when Flyin Hawaiian Zipline owner Duane Ting spotted men on his fenced-in property and called Maui police.

When officers arrived, Wilson said he had a weapon in his front waistband. Police lifted his shirt and found a Phoenix Arms .22 LR caliber pistol, loaded with ten rounds of .22 caliber ammunition.

Wilson said he legally purchased the gun in Florida in 2013. A records check showed that the pistol was unregistered in Hawaii, and Wilson had not obtained or applied for a permit to own a handgun.

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The County of Maui Department of the Prosecuting Attorney charged Wilson with four counts. Two of the counts, improper storage of a firearm and improper storage of ammunition, fall under Hawaii’s ‘place to keep’ laws.

The Paia man was also charged with violating permits to acquire ownership of a firearm and first degree criminal trespass.

Wilson filed to dismiss the charges twice. On the second attempt, following the 2022 ruling of New York State Rifle & Pistol Ass’n, Inc. v. Bruen, he successfully appealed and the place to keep charges were dismissed in circuit court.

Wilson claimed the place to keep laws subverted his constitutional right to protect himself in public by carrying a lethal weapon.

The justices declared there is 'no state constitutional right to carry a firearm in public'

The justices declared there is ‘no state constitutional right to carry a firearm in public’

Lisa M. Ginoza was among the five judges who issued the ruling in a unanimous decision

Justice Sabrina Shizue McKenna

The ruling was a unanimous 5-0 decision. Pictured: Judges Lisa M. Ginoza (left) and Sabrina Shizue McKenna (right)

However, the State appealed the dismissal in addition to challenging Wilson’s standing, arguing that Wilson did not bother to apply for a carry license and satisfy Hawaii’s license to carry law.

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Therefore, they argued, Wilson could not claim that his right to bear arms was impeded.

The case went to the Supreme Court, where the justices affirmed Wilson’s right to challenge the constitutionality of the place to keep laws.

‘A criminal defendant has standing to level a constitutional attack against the charged crime,’ Eddins wrote.

However, he contended, Wilson lacked the standing to challenge Hawaii’s licenses to carry law, as the State did not charge him with violating it and Wilson made no attempt to obtain a carry license.

‘Conventional interpretive modalities and Hawaiʻi’s historical tradition of firearm regulation rule out an individual right to keep and bear arms under the Hawaiʻi Constitution,’ Eddins wrote in the 5-0 decision.

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‘In Hawaii, there is no state constitutional right to carry a firearm in public.’

Moreover, he added: ‘The history of the Hawaiian Islands does not include a society where armed people move about the community to possibly combat the deadly aims of others.

The court also reversed a lower circuit court's dismissal of two charges filed against Paia man Christopher Wilson, 47, after he was arrested for criminal trespass while carrying an unregistered pistol

The court also reversed a lower circuit court’s dismissal of two charges filed against Paia man Christopher Wilson, 47, after he was arrested for criminal trespass while carrying an unregistered pistol

‘The government’s interest in reducing firearms violence through reasonable weapons regulations has preserved peace and tranquility in Hawaiʻi. A free-wheeling right to carry guns in public degrades other constitutional rights.’

Laws regulating firearms in public advanced the rights of life, liberty and the pursuit of happiness, Eddins wrote.

He also criticized Bruen, writing: ‘Time-traveling to 1791 or 1868 to collar how a state regulates lethal weapons – per the Constitution’s democratic design – is a dangerous way to look at the federal constitution.’

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The Hawaii Supreme Court is made up of three appointed Democratic governors and two Republican-appointed justices.



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Hawaii

Hawaii gripped by saga of frightened white baby goat trapped on high cliff ledge

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Hawaii gripped by saga of frightened white baby goat trapped on high cliff ledge


News of a baby goat stranded on a Hawaiian cliff for several days led a group of rogue rescuers on a mission to save the frightened animal.  

Four days had passed after a Waianae resident first noticed a white baby goat trapped along a steep, skinny cliffside ledge.

First spotted on Monday, the concerned resident sought rescue teams to bring the baby goat to safety.

Despite efforts from the Honolulu Fire Department, Hawaii Department of Land and Natural Resources and Hawaiian Humane Society, the goat remained confined to the towering ledge.

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Four days had passed after a Waianae resident first noticed a white baby goat trapped along a steep, skinny cliffside ledge 

Despite efforts from the Honolulu Fire Department, Hawaii Department of Land and Natural Resources and Hawaiian Humane Society, the goat remained confined to the towering ledge

Despite efforts from the Honolulu Fire Department, Hawaii Department of Land and Natural Resources and Hawaiian Humane Society, the goat remained confined to the towering ledge

As days continued to pass, hope for the animal’s rescue from the treacherous cliffside began to fade.

That was until Ben Hansen, a Kailua resident, was alerted to the goat’s predicament via social media.

‘He saw the Hawaii News Now Instagram post and he’s like, look, there’s a goat. Looks like he’s stuck,’ Hansen’s wife, Govinda Hansen, told the news outlet.

‘So he showed it to me and I’m a sucker for baby animals, or animals in general. So I was like, we need to go get this goat,’ she said.

Govinda and her husband weren’t the only ones roped into the rescue mission.

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Several Instagram users replied to the post, including two men who would eventually join the Hansen couple on their quest to save the animal.

Govinda Hansen and her husband Ben weren't the only ones roped into the rescue mission. Caleb Morrison, another avid hiker, later connected with the couple, explaining to the pair that he had climbing gear that could help them reach the troubled goat. Pictured: Govinda explaining in an Instagram post how she connected with Morrison while on their way up to the cliffside

Govinda Hansen and her husband Ben weren’t the only ones roped into the rescue mission. Caleb Morrison, another avid hiker, later connected with the couple, explaining to the pair that he had climbing gear that could help them reach the troubled goat. Pictured: Govinda explaining in an Instagram post how she connected with Morrison while on their way up to the cliffside

'The goat started to kind of panic as we approached, so we just kind of hung back, slowly inching forward and using, like, a team strategy of kind of corralling the goat,' Morrison said. Pictured: Rescuers successfully corralled the trapped animal and brought it to safety

‘The goat started to kind of panic as we approached, so we just kind of hung back, slowly inching forward and using, like, a team strategy of kind of corralling the goat,’ Morrison said. Pictured: Rescuers successfully corralled the trapped animal and brought it to safety

After a few minutes of waiting and baiting, the baby animal ventured within arms reach of Ben Hansen (pictured), who capitalized on the opportunity and 'just bear-hugged the little guy all the way down the mountainside'

After a few minutes of waiting and baiting, the baby animal ventured within arms reach of Ben Hansen (pictured), who capitalized on the opportunity and ‘just bear-hugged the little guy all the way down the mountainside’

‘A swarm of people sent me the post,’ said Caleb Morrison, ‘like, “Go save this goat, Caleb!” 

Morrison then connected with the Hansens, explaining to the pair that he had climbing gear that could help them reach the troubled goat. 

Capturing the entire, hours-long ordeal on film via a drone and cell phone video, the crew of strangers gathered at the Waianae Coast Comprehensive Center before taking off on their ascent.

Morrison, who was trailing behind Ben during the climb, said: ‘The goat started to kind of panic as we approached, so we just kind of hung back, slowly inching forward and using, like, a team strategy of kind of corralling the goat.’

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Before the group’s steep climb, the self-proclaimed ‘avid hikers’ were unsure of just ‘how big of a cliffside it was.’

'I was very relieved that we got him safely,' Govinda said. 'We named him Bala. Bala means white. He's beautiful.' Pictured: Rescuers with the baby goat

‘I was very relieved that we got him safely,’ Govinda said. ‘We named him Bala. Bala means white. He’s beautiful.’ Pictured: Rescuers with the baby goat

The goat was so hungry that it immediately drank an entire bottle of milk

The goat was so hungry that it immediately drank an entire bottle of milk

'He's happy,' Govinda (pictured) said. 'We put him down on grass and he just like chilled there. He seems to be doing good'

‘He’s happy,’ Govinda (pictured) said. ‘We put him down on grass and he just like chilled there. He seems to be doing good’

‘We weren’t exactly sure how big of a cliffside it was,’ Morrison said, ‘and we wanted to get in there as quick as possible, just because it had been there already for four days.’

Upon their eventual approach, the baby goat appeared to be ‘super skittish,’ Morrison said.

As they got within feet from the goat, Ben baited the animal with an apple, hoping it would jump into his open arms.

‘I was down the cliff under the goat, waiting to see if he jumped,’ Ben said.

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After a few minutes of waiting and baiting, the baby animal ventured within arms reach of Ben, who capitalized on the opportunity and ‘just bear-hugged the little guy all the way down the mountainside.’

Bala the goat is now at Aloha Animal Sanctuary

Bala the goat is now at Aloha Animal Sanctuary

Morrison said it took 45 minutes to bring the goat down.   

‘I was very relieved that we got him safely,’ Govinda said. 

‘We named him Bala. Bala means white. He’s beautiful.’

The goat is now at Aloha Animal Sanctuary.

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Bala was so hungry that he immediately drank an entire bottle of milk before happily prancing through the sanctuary’s lush grass.

‘He’s happy,’ Govinda said. ‘We put him down on grass and he just like chilled there. He seems to be doing good.’

 

 

 

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Cyclists unite with Rep. Greggor Ilagan to advocate for safer roads on Hawaii Island – West Hawaii Today

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Cyclists unite with Rep. Greggor Ilagan to advocate for safer roads on Hawaii Island – West Hawaii Today






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Outgoing U.S. Army Pacific commander reflects on tour of duty: ‘I want to thank Hawaii’

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Outgoing U.S. Army Pacific commander reflects on tour of duty: ‘I want to thank Hawaii’


HONOLULU (HawaiiNewsNow) – After serving more than three years as commander of U.S. Army Pacific (USARPAC), Gen. Charles Flynn will step down Friday, Nov. 8.

He took command of the U.S. Army’s largest service component command in June 2021.

“One of the most challenging things about this command is the variations of the environment and conditions that exist across Asia,” Flynn said.

While the general is charming and engaging, he is also a battle-proven soldier, as indicated by the tabs on his chest, combat infantry, airborne, air assault, and pathfinder. Gen. Flynn is a mix of two worlds, military and diplomacy.

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“There are a lot of tough decisions to be made in the coming years on a range of topics, but I think at the end of the day, that there is this trust and relationship and conversation and transparency and truth that comes from looking after one another, and caring for one another is really important,” he said.

Flynn has worked on building that trust on three fronts. First, he says, it comes to respecting the aina and the indigenous people of the islands.

“Being here and being respectful of what we are able to do, and being respectful of the people, the land, and the water, and all that goes with it is, again, that’s really an important part of actually being here,” he said.

Second, Flynn says, is building trust with other nations, like Japan, Indonesia, Thailand, Malaysia, Brunei, and Australia, as seen at the recent Land Forces Pacific of LANPAC Symposium.

USARPAC‘s area of operations covers half the globe and consists of 36 nations and six of the world’s 10 largest armies.

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“There is an automatic matching, if you will, of our ability to train here in Hawaii and then the ability to transfer that training, and advise, assist and enable the other armies in the region to improve. We are and remain the gold standard,” he said.

And third, the trust of the American people on ensuring U.S. Army soldiers are prepared for whatever missions they are called on to do.

“Our ability to train here and be able to train in the areas that we have access to here on Oahu and, of course, the Pohakuloa training area, what that really translates into is a degree of readiness that we can then bring into the region to do the things that we have to do with allies and partners in the region that are in those same environments,” he said.

As his time in command comes to an end, Gen. Flynn leaves with a grateful heart and will miss working with his soldiers in Hawaii.

At the same time, he will also miss the beauty of the islands and other aspects of life here.

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“I am going to miss my relationships and friends. I’m also going to miss surfing, I do love surfing,” Gen. Flynn said.

“I want to thank Hawaii. I want to thank the people,” he said.

Flynn will relinquish his command to Lt. Gen. Ronald Clark Friday at a ceremony on Fort Shafter.



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