The Supreme Court opted not to intervene on Monday in a case challenging Hawaii’s restrictive gun laws, missing an opportunity to reinforce Second Amendment rights over state-imposed limitations. The case contested Hawaii’s ban on carrying firearms in public without a permit, a policy upheld by the Hawaii Supreme Court earlier this year.
In a controversial February ruling, Hawaii’s high court claimed the state’s “spirit of Aloha” was at odds with a “federally-mandated lifestyle” of public gun carry. Justice Todd Eddins argued that Hawaii maintains the authority to require permits before allowing citizens to carry firearms in public, further asserting that the Hawaiian Constitution does not explicitly protect the right to public carry for self-defense. “In Hawaii, there is no state constitutional right to carry a firearm in public,” the ruling stated.
Supreme Court Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch expressed concern over the Hawaiian court’s interpretation. However, they refrained from taking action because the defendant, Christopher Wilson, faces additional charges unrelated to the Second Amendment issue. Wilson was arrested in 2017 for trespassing while carrying an unlicensed pistol.
Thomas, joined by Alito, acknowledged that procedural issues prevented immediate Supreme Court review, explaining that Wilson’s pending trespassing charge falls outside the scope of a Second Amendment defense. “Wilson moved to dismiss only some of his charges, most notably leaving for trial a trespassing charge on which his Second Amendment defense has no bearing,” Thomas wrote.
Despite denying the case, Thomas signaled that future challenges to Hawaii’s restrictive gun policies are likely. “In an appropriate case, however, we should make clear that Americans are always free to invoke the Second Amendment as a defense against unconstitutional firearms-licensing schemes,” he stated.
Justice Gorsuch concurred, hinting that the Court might address Hawaii’s stance on public carry rights if similar challenges arise after Wilson’s trial concludes.
While this decision leaves Hawaii’s restrictive gun laws in place for now, the justices’ statements suggest that the fight for Second Amendment rights is far from over.
