I just sent the following email to every Hawaii state legislator. I will also send versions to my county council members, the mayor, and new chief of police.
Opportunity to declare your support for restoring Hawaii citizens civil rightsAloha Hawaii State Legislator,
Please read, sign, and return the following proclamation of your support to restore the fundamental, individual, Constitutionally-guaranteed civil rights to law-abiding Hawaii citizens.
Thank you,
[punaperson]
Statement of Reaffirmation to Support and Defend the Constitutions
by Restoring the Fundamental Individual Rights of Hawaii Citizens
Whereas, all Hawaii state legislators have sworn (or affirmed) an oath of office that they “will support and defend the Constitution of the United States, and the Constitution of the State of Hawaii”; and
Whereas, the Constitution of the United States includes the Second Amendment which reads, “A well regulated militia, being necessary to the security of a free State, the right of the People to keep and bear arms, shall not be infringed”; and
Whereas, the Constitution of the State of Hawaii includes Article 1, Section 17, which reads, “A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed”; and
Whereas, the Supreme Court of the United States has clearly articulated in Washington, D.C. v. Heller, and confirmed and restated in McDonald v. City of Chicago the fundamental, individual, inalienable nature of the civil right to keep and bear arms; and
Whereas, the right to “bear arms” has been defined in the above cases, as “guarantee[ing] the individual right to possess and carry weapons in case of confrontation.”; and
Whereas, In Muscarello v. United States, 524 U. S. 125 (1998), in the course of analyzing the meaning of “carries a firearm” in a federal criminal statute, Justice Ruth BaderGinsburg wrote that “Surely a most familiar meaning is, as the Constitution’s Second Amendment … indicates: ‘wear, bear, or carry … upon the person or in the clothing or in a pocket, for the purpose … of being armed and ready for offensive or defensive action in a case of conflict with another person.’ ”; and
Whereas, a significant portion of violent crimes against individuals, such as robbery, assault, sexual assault, etc. take place outside the home; and
Whereas, not one single person in the entire State of Hawaii currently has the lawful ability to bear a firearm outside their home for the purpose “of being armed and ready for offensive or defensive action in a case of conflict with another person.”; and
Whereas, only four (4) licenses to carry a concealed weapon (CCW) have been issued in the entire State of Hawaii by the county police chiefs granted authority to issue such licenses in the past 17 years since reporting of applications and dispensation of such licenses has been mandated by the state Office of Attorney General; and
Whereas, not one single “open carry license” (OCL) has been granted to a single law-abiding citizen not employed as a security guard in the entire State of Hawaii in the past 17 years since reporting of such license applications and dispensations has been required by the Office of the Attorney General; and
Whereas such a de facto “no issue” policy is tantamount to an outright “ban” on the right to “bear arms” as defined by the Supreme Court of the United States, and thus violates the supreme law of the land which you have sworn (or affirmed) to “support and defend”; and
Whereas, I, as a state legislator have the ability to uphold your sworn (or affirmed) oath of office by proposing, co-sponsoring, supporting, and voting for laws that will uphold the rights of “the people” as prescribed in the Constitution of the United Stated and the Constitution of the State of Hawaii; and
Whereas, forty-four (44) other states of the United States already have “shall issue” concealed and/or open carry laws wherein people who pass background checks and are lawfully allowed to purchase and keep firearms are issued licenses to bear those arms without any issues of “public safety” being jeopardized; and
Whereas twelve (12) states already have “permitless” or “Constitutional” carry, where citizens may lawfully carry firearms without any need to apply for, or receive “permission” from any government agency in those states and there has been absolutely no issue of jeopardized “public safety”;
Therefore, I, as a legislator do hereby state my support for and willingness to use whatever lawful means are at my disposal as an elected representative of “the people” to amend and revise the laws of the State of Hawaii to align them with the law regarding bearing arms as stated in the Constitution of the United States and the Constitution of the State of Hawaii; and
Therefore I pledge to support, introduce, co-sponsor and/or vote for legislation that guarantees that the law-abiding citizens of Hawaii “shall” be granted licenses, or shall not be required to obtain any license from any government agency, to lawfully carry weapons, including firearms, either concealed and/or openly for the purpose of self-defense outside their homes.
Signed: