I wrote senator Gabbard back in November and asked him to submit a bill to repeal the ban on possession of "stun guns". I never heard back from him, which is curious, as he is usually the only legislator that responds to my emails, and he introduced a "shall issue" CCW bill and a handgun magazine limit of 17 rounds bill last year at my suggestion. On December 5, 2017 I sent the following email to every single legislator and heard back from zero. Since we know that we won't get any expansion of our highly restricted rights regarding firearms, this would be a test to see if any of them actually take their oath of office even slightly seriously (I doubt it), especially given that the Supreme Court of the United States has made a unanimous statement that such a ban is unconstitutional (
https://www.supremecourt.gov/opinions/15pdf/14-10078_aplc.pdf). Do Hawaii legislators care what the Supreme Court says?
Legislator,
Please demonstrate that you are a legislator in the Hawaii legislature who appears to take seriously the sworn (or affirmed) oath of office to uphold both the Hawaii (Article I, Section 17) and U.S. Constitutions re the Second Amendment ("shall not be infringed", etc.). I wonder if you'd be willing to submit a bill in 2018 to remove/delete from HRS (Haw. Rev. Stat. § 134-16) the ban on "stun guns"/electric guns?
The unanimous per curiam decision rendered by the Supreme Court of the United States (SCOTUS) on March 21, 2016 in Caetano v. Massachusetts, wherein SCOTUS vacated the ruling of the Massachusetts Supreme Judicial Court which had held that the Massachusetts ban on possession of stun guns was legal and constitutional. Citing District of Columbia v. Heller and McDonald v. City of Chicago, the Court began its opinion by stating that "the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding" and that "the Second Amendment right is fully applicable to the States".
Justice Samuel Alito wrote an opinion concurring in the judgment, in which he was joined by Justice Clarence Thomas, where he wrote that "[t]he reasoning of the Massachusetts court poses a grave threat to the fundamental right of self-defense". After concluding that the Massachusetts stun gun ban violates the Second Amendment, Justice Alito wrote: "if the fundamental right of self-defense does not protect Caetano, then the safety of all Americans is left to the mercy of state authorities who may be more concerned about disarming people than about keeping them safe". (I believe that last statement is unequivocally applicable to our situation here in Hawaii, and thus beyond ripe for change.)
Besides the charges being dropped and the conviction against Ms. Caetano in Massachusetts subsequently being invalidated/reversed to "not guilty", the state of New Jersey, which also had a ban on possession of electric guns, eliminated that law and now allows such possession by New Jersey residents.
Hawaii is one of only five (5) states that still ban the possession of electric guns, stun guns in particular. That ban is clearly unconstitutional, and there is no justification for it even if it weren't unconstitutional (i.e. the "public safety" argument is absurd).
Please introduce a simple bill that will simply strike the language from HRS that makes possession of stun guns by "ordinary citizens" (cops are already exempt) illegal in Hawaii.
thank you,
* * * * *
senbaker@Capitol.hawaii.gov,
senchang@Capitol.hawaii.gov,
sendelacruz@Capitol.hawaii.gov,
senenglish@Capitol.hawaii.gov,
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