Governor Josh Green, M.D.

DEPARTMENT OF THE ATTORNEY GENERAL

KA ʻOIHANA O KA LOIO KUHINA

 

JOSH GREEN, M.D.

GOVERNOR

KE KIAʻĀINA

 

ANNE LOPEZ

ATTORNEY GENERAL

LOIO KUHINA

News Release 2024-08

 

ATTORNEY GENERAL LOPEZ HAILS HAWAIʻI SUPREME COURT DECISION UPHOLDING CONSTITUTIONALITY OF “PLACE TO KEEP” FIREARMS LAWS

 

FOR IMMEDIATE RELEASE

January 7, 2024 

HONOLULU – Attorney General Anne Lopez today praised the Hawaiʻi Supreme Court for its decision to uphold the constitutionality of state “place to keep” firearms laws, which generally prohibit carrying a firearm in public unless licensed to do so. 

In a unanimous opinion authored by Justice Todd Eddins in State v. Wilson, the Court reaffirmed that under the Second Amendment, “States retain the authority to require that individuals have a license before carrying firearms in public.” Moreover, the court explained that because the defendant in this litigation “made no attempt to get a license, he cannot claim the law’s application procedures are unconstitutional as applied to him.”

The Hawaiʻi Supreme Court also rejected the suggestion that the Hawaiʻi Constitution independently bars the state of Hawaiʻi from enacting and enforcing important gun-safety legislation at the state level. The court explained that “the Hawaiʻi Constitution does not afford a right to carry firearms in public places for self defense.” The court noted that the words of the Hawaiʻi Constitution confer a right to “keep and bear arms” in the context of a “well-regulated militia.” This language—read in light of Hawaiʻi’s long history of protective firearms laws—excludes an individual right to carry deadly weapons in public under the Hawaiʻi Constitution.

“This is a landmark decision that affirms the constitutionality of crucial gun-safety legislation,” said Attorney General Lopez. “Gun violence is a serious problem, and commonsense tools like licensing and registration have an important role to play in addressing that problem. More broadly, Justice Eddins’ thoughtful and scholarly opinion for the court provides an important reminder about the crucial role that state courts play in our federal system.”

“We congratulate our friends and partners at the Department of the Prosecuting Attorney for the County of Maui for their work on this important case,” said Attorney General Lopez.

The case is State of Hawaiʻi v. Wilson, SCAP-22-0000561.  A copy of the Hawaiʻi Supreme Court opinion can be found here.

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Media Contacts:

Dave Day

Special Assistant to the Attorney General

Office: 808-586-1284                                                  

Email: [email protected]        

Web: http://ag.hawaii.gov

 

Toni Schwartz
Public Information Officer
Hawai‘i Department of the Attorney General
Office: 808-586-1252
Cell: 808-379-9249
Email: [email protected] 

Web: http://ag.hawaii.gov