www.npr.org Open in urlscan Pro
2600:141b:1c00:16::17c4:31f  Public Scan

Form analysis
0 forms found in the DOM

Text Content

Accessibility links
 * Skip to main content
 * Keyboard shortcuts for audio player

WNYCThe Moth
 * Hourly News
 * Listen Live
 * Playlist

 * Open Navigation Menu
 * 
 * WNYC
    * Listen LiveWNYC-FM 93.9
    * donate
    * Change
   
   Sign in or register to see your station everywhere you enjoy NPR.

 * Newsletters
 * Sign In
 * NPR Shop
 * Donate

Close Navigation Menu
 * Home
 * News Expand/collapse submenu for News
   * National
   * World
   * Politics
   * Business
   * Health
   * Science
   * Climate
   * Race
 * Culture Expand/collapse submenu for Culture
   * Books
   * Movies
   * Television
   * Pop Culture
   * Food
   * Art & Design
   * Performing Arts
   * Life Kit
   * Gaming
 * Music Expand/collapse submenu for Music
   * Best Music Of 2023
   * Tiny Desk
   * Hip-Hop 50
   * All Songs Considered
   * Music Features
   * Live Sessions
 * Podcasts & Shows Expand/collapse submenu for Podcasts & Shows
   Daily
    * Morning Edition
    * Weekend Edition Saturday
    * Weekend Edition Sunday
    * All Things Considered
    * Fresh Air
    * Up First
   
   Featured
    * The NPR Politics Podcast
    * Throughline
    * Trump's Trials
    * Pop Culture Happy Hour
   
    * More Podcasts & Shows

 * Search
 * Newsletters
 * Sign In
 * NPR Shop

 * 
 * Best Music Of 2023
 * Tiny Desk
 * Hip-Hop 50
 * All Songs Considered
 * Music Features
 * Live Sessions

 * About NPR
 * Diversity
 * Organization
 * NPR Network
 * Support
 * Careers
 * Connect
 * Press
 * Ethics

Hawaii high court cites 'The Wire' in a ruling on gun rights It says a man can
be prosecuted for carrying a gun in public without a permit citing "The Wire"
and invokes the "spirit of Aloha" in rebuke of a U.S. Supreme Court decision
that expanded gun rights.


NATIONAL


HAWAII'S HIGH COURT CITES 'THE WIRE' IN ITS RULING ON GUN RIGHTS

February 9, 20248:21 PM ET

By 

The Associated Press

Enlarge this image

People walk past a gun club on June, 23, 2022, in Honolulu. A ruling by Hawaii's
high court saying that a man can be prosecuted for carrying a gun in public
without a permit uses pop culture references in an apparent rebuke of a U.S.
Supreme Court decision that expanded gun rights nationwide. Marco Garcia/AP hide
caption

toggle caption
Marco Garcia/AP


People walk past a gun club on June, 23, 2022, in Honolulu. A ruling by Hawaii's
high court saying that a man can be prosecuted for carrying a gun in public
without a permit uses pop culture references in an apparent rebuke of a U.S.
Supreme Court decision that expanded gun rights nationwide.

Marco Garcia/AP

HONOLULU — A ruling by Hawaii's high court saying that a man can be prosecuted
for carrying a gun in public without a permit cites crime-drama TV series "The
Wire" and invokes the "spirit of Aloha" in an apparent rebuke of a U.S. Supreme
Court decision that expanded gun rights nationwide.

"The thing about the old days, they the old days," the unanimous Hawaii Supreme
Court ruling issued Wednesday said, borrowing a quote from season four, episode
three of the HBO series to express that the culture from the founding of the
country shouldn't dictate contemporary life.

Sponsor Message



Authored by Justice Todd Eddins, the opinion goes on to say, "The spirit of
Aloha clashes with a federally-mandated lifestyle that lets citizens walk around
with deadly weapons during day-to-day activities. "

The ruling stems from a 2017 case against Christopher Wilson, who had a loaded
pistol in his front waistband when police were called after a Maui landowner
reported seeing a group of men on his property at night.

The handgun was unregistered in Hawaii, and Wilson had not obtained or applied
for a permit to own the gun, the ruling said. Wilson told police he legally
bought the gun in Florida in 2013.

Wilson's first motion to dismiss the charges argued that prosecuting him for
possession of a firearm for self-defense violated his right to bear arms under
the Second Amendment of the U.S. Constitution. It was denied.

Then in 2022, a U.S. Supreme Court decision known as New York State Rifle &
Pistol Association v. Bruen upended gun laws nationwide, including in Hawaii,
which has long had some of the strictest gun laws in the country — and some of
the lowest rates of gun violence.

Just as the Bruen decision came out, Wilson filed a second motion to dismiss the
case. A judge granted the dismissal, and the state appealed.

Enlarge this image

Handguns are displayed at a gun shop on June 23, 2022, in Honolulu. A ruling by
Hawaii's high court saying that a man can be prosecuted for carrying a gun in
public without a permit uses pop culture references in an apparent rebuke of a
U.S. Supreme Court decision that expanded gun rights nationwide. Marco Garcia/AP
hide caption

toggle caption
Marco Garcia/AP


Handguns are displayed at a gun shop on June 23, 2022, in Honolulu. A ruling by
Hawaii's high court saying that a man can be prosecuted for carrying a gun in
public without a permit uses pop culture references in an apparent rebuke of a
U.S. Supreme Court decision that expanded gun rights nationwide.

Marco Garcia/AP

Ben Lowenthal of the Hawaii public defender's office, Wilson's attorney, said
Thursday his office is "taking stock of our options," including seeking review
from the U.S. Supreme Court.



Wilson denied trespassing and said he and his friends "were hiking that night to
look at the moon and Native Hawaiian plants," according to the recent ruling.

Hawaii Attorney General Anne Lopez hailed the ruling as a "landmark decision
that affirms the constitutionality of crucial gun-safety legislation."

The ruling reflects a "culture in Hawaii that's very resistant to change" and a
judiciary and government that has been "recalcitrant" in accepting Bruen, said
Alan Beck, an attorney not involved in the Wilson case.

"The use of pop culture references to attempt to rebuke the Supreme Court's
detailed historical analysis is evidence this is not a well-reasoned opinion,"
said Beck, who has challenged Hawaii's gun restrictions.

Beck represents three Maui residents who are challenging a Hawaii law enacted
last year that prohibits carrying a firearm on the beach and in other places,
including banks, bars and restaurants that serve alcohol.

A federal judge in Honolulu granted a preliminary injunction, which prevents the
state from enforcing the law. The state appealed, and oral arguments are
scheduled for April before the 9th U.S. Circuit Court of Appeals.

Bruen set a new standard for interpreting gun laws, such that modern firearm
laws must be consistent with the nation's historical tradition of firearm
regulation.

"We believe it is a misplaced view to think that today's public safety laws must
look like laws passed long ago," Eddins, of the Hawaii high court, wrote.
"Smoothbore, muzzle-loaded, and powder-and-ramrod muskets were not exactly
useful to colonial era mass murderers. And life is a bit different now, in a
nation with a lot more people, stretching to islands in the Pacific Ocean."

The Bruen ruling "snubs federalism principles," Eddins wrote, asserting that
under Hawaii's constitution, there is no individual right to carry a firearm in
public.

Dating back to the 1800s, when Hawaii was a kingdom, weapons were heavily
regulated, Eddins wrote. He noted that in 1833 King Kamehameha III "promulgated
a law prohibiting 'any person or persons' on shore from possessing a weapon,
including any 'knife, sword-cane, or any other dangerous weapon.'"

 * gun rights

 * Facebook
 * Flipboard
 * Email






MORE STORIES FROM NPR

SPACE

A TINY ROBOT ON THE SPACE STATION WILL SIMULATE REMOTE-CONTROLLED SURGERY UP
THERE

SPORTS

SUPER BOWL 2024: HOW TO WATCH THE CHIEFS V. 49ERS

CLIMATE

CLIMATE CHANGE TURNS AN IDYLLIC CALIFORNIA COMMUNITY INTO A 'PERILOUS PARADISE'

SPORTS

SOME SAY THE LAS VEGAS SUPER BOWL IS RIGGED. AND NOT BECAUSE OF TAYLOR SWIFT

NATIONAL

VETS' JEWELRY COMPANY FEELS THE 'SWIFT EFFECT' AFTER THE SINGER WORE DIAMOND
BRACELET

POLITICS

REPUBLICANS SEE LATINO VOTERS IN NEVADA AS KEY TO RETAKING THE WHITE HOUSE IN
2024


POPULAR ON NPR.ORG

CLIMATE

CLIMATE SCIENTIST MICHAEL MANN WINS DEFAMATION CASE AGAINST CONSERVATIVE WRITERS

BOOK REVIEWS

IS BIGFOOT REAL? A NEW BOOK DIVES DEEP INTO THE LEGEND

HEALTH

SENATORS ASK CEOS WHY THEIR DRUGS COST SO MUCH MORE IN THE U.S.

HEALTH

WE ASKED. YOU ANSWERED. HERE ARE YOUR SECRETS TO HEALTHY AGING

GLOBAL HEALTH

CHEAP, PLENTIFUL AND DEVASTATING: THE SYNTHETIC DRUG KUSH IS WALLOPING SIERRA
LEONE

ANALYSIS

BIDEN'S ROUGH WEEK HIGHLIGHTS HIS BIGGEST VULNERABILITY — ONE HE CAN'T CHANGE


NPR EDITORS' PICKS

FINE ART

ALICIA KEYS AND SWIZZ BEATZ WANT YOU TO SEE THE 'GIANTS' OF ART IN THEIR
COLLECTION

CONCERTS

POST MALONE: TINY DESK CONCERT

BOOK REVIEWS

MOVE OVER, SENIOR CENTER — THESE 5 BOOKS CENTER SENIORS

MIDDLE EAST

WHAT IS 'DOMICIDE,' AND WHY HAS WAR IN GAZA BROUGHT NEW ATTENTION TO THE TERM?

LAW

NEW DOJ WATCHDOG REPORT DETAILS FBI OFFICIALS' MISCONDUCT WITH FOREIGN
PROSTITUTES



READ & LISTEN

 * Home
 * News
 * Culture
 * Music
 * Podcasts & Shows

CONNECT

 * Newsletters
 * Facebook
 * Instagram
 * Press
 * Public Editor
 * Corrections
 * Contact & Help

ABOUT NPR

 * Overview
 * Diversity
 * NPR Network
 * Accessibility
 * Ethics
 * Finances

GET INVOLVED

 * Support Public Radio
 * Sponsor NPR
 * NPR Careers
 * NPR Shop
 * NPR Events
 * NPR Extra

 * Terms of Use
 * Privacy
 * Your Privacy Choices
 * Text Only
 * © 2024 npr




Sponsor Message

Become an NPR sponsor





COOKIE SETTINGS

When you visit our website, we store cookies on your browser to collect
information. The information collected might relate to you, your preferences or
your device, and is mostly used to make the site work as you expect it to and to
provide a more personalized web experience. However, you can choose not to allow
certain types of cookies, which may impact your experience of the site and the
services we are able to offer. Click on the different category headings to find
out more and change our default settings according to your preference. You may
opt out of the sharing of your information with our sponsorship vendors for
delivery of personalized sponsorship credits and marketing messages on our
website or third-party sites by turning off "Share Data for Targeted
Sponsorship" below. If you opt out, our service providers or vendors may
continue to serve you non-personalized, non-"interest-based" sponsorship credits
and marketing messages on our website or third-party sites, and those
sponsorship credits and marketing message may come with cookies that are used to
control how often you encounter those credits and messages, to prevent fraud,
and to do aggregate reporting. You cannot opt-out of our First Party Strictly
Necessary Cookies as they are deployed in order to ensure the proper functioning
of our website (such as prompting the cookie banner and remembering your
settings, to log into your account, to redirect you when you log out, etc.). For
more information about the First and Third Party Cookies used please follow this
link.
Allow All


MANAGE CONSENT PREFERENCES

STRICTLY NECESSARY OR ESSENTIAL COOKIES

Always Active

These cookies are essential to provide you with services available through the
NPR Services and to enable you to use some of their features. For example, these
cookies allow NPR to remember your registration information while you are logged
in. Local station customization, the NPR Shop, and other interactive features
also use cookies. Without these cookies, the services that you have asked for
cannot be provided, and we only use these cookies to provide you with those
services.

SHARE DATA FOR TARGETED SPONSORSHIP

Share Data for Targeted Sponsorship

You may opt out of the sharing of your information with our sponsorship vendors
for delivery of personalized sponsorship credits and marketing messages on our
website or third-party sites by turning off "Share Data for Targeted
Sponsorship." If you opt out, our service providers or vendors may continue to
serve you non-personalized, non-"interest-based" sponsorship credits and
marketing messages on our website or third-party sites, and those sponsorship
credits and marketing message may come with cookies that are used to control how
often you encounter those credits and messages, to prevent fraud, and to do
aggregate reporting.

 * PERFORMANCE AND ANALYTICS COOKIES
   
   Switch Label
   
   These cookies are used to collect information about traffic to our Services
   and how users interact with the NPR Services. The information collected
   includes the number of visitors to the NPR Services, the websites that
   referred visitors to the NPR Services, the pages that they visited on the NPR
   Services, what time of day they visited the NPR Services, whether they have
   visited the NPR Services before, and other similar information. We use this
   information to help operate the NPR Services more efficiently, to gather
   broad demographic information and to monitor the level of activity on the NPR
   Services.

 * FUNCTIONAL COOKIES
   
   Switch Label
   
   These cookies allow our Services to remember choices you make when you use
   them, such as remembering your Member station preferences and remembering
   your account details. The purpose of these cookies is to provide you with a
   more personal experience and to prevent you from having to re-enter your
   preferences every time you visit the NPR Services.

 * TARGETING AND SPONSOR COOKIES
   
   Switch Label
   
   These cookies track your browsing habits or other information, such as
   location, to enable us to show sponsorship credits which are more likely to
   be of interest to you. These cookies use information about your browsing
   history to group you with other users who have similar interests. Based on
   that information, and with our permission, we and our sponsors can place
   cookies to enable us or our sponsors to show sponsorship credits and other
   messages that we think will be relevant to your interests while you are using
   third-party services.

Back Button


COOKIE LIST



Search Icon
Filter Icon

Clear
checkbox label label
Apply Cancel
Consent Leg.Interest
checkbox label label
checkbox label label
checkbox label label

Confirm My Choices