Worst 2A decision ever!? Hawaii Supreme Court (Read 36591 times)

hvybarrels

Re: Worst 2A decision ever!? Hawaii Supreme Court
« Reply #20 on: February 08, 2024, 11:30:50 AM »
I didn't know bots could open carry
The F in Communism stands for Food

changemyoil66

Re: Worst 2A decision ever!? Hawaii Supreme Court
« Reply #21 on: February 08, 2024, 11:31:46 AM »
please show me where i said i wouldn't call the police...

You said you own no comms.  Hey how are U smoke signal I guess.

changemyoil66

Re: Worst 2A decision ever!? Hawaii Supreme Court
« Reply #22 on: February 08, 2024, 11:32:44 AM »
I didn't know bots could open carry

Not yet.  But clones and bots don't have rights according to the film 6 Days.

Flapp_Jackson

Re: Worst 2A decision ever!? Hawaii Supreme Court
« Reply #23 on: February 08, 2024, 11:33:21 AM »
I'm baffled as to how a hurricane equates to "not being a time of peace."

Did the hurricane decide to attack?  Are we planning a counter offensive?

I must have missed something in my meteorology class....
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

Flapp_Jackson

Re: Worst 2A decision ever!? Hawaii Supreme Court
« Reply #24 on: February 08, 2024, 11:34:50 AM »
I didn't know bots could open carry

Bots can do anything they are programmed to do.

The tricky part is passing the background check, what with all the insane social media garbage they dish out.
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

changemyoil66

Re: Worst 2A decision ever!? Hawaii Supreme Court
« Reply #25 on: February 08, 2024, 11:35:11 AM »
I'm baffled as to how a hurricane equates to "not being a time of peace."

Did the hurricane decide to attack?  Are we planning a counter offensive?

I must have missed something in my meteorology class....

When you want to take peoples right away, it's hard to come up with good examples as to why.

hvybarrels

Re: Worst 2A decision ever!? Hawaii Supreme Court
« Reply #26 on: February 08, 2024, 11:44:38 AM »
SCOTUS authority has been severely undermined this past week. While the Texas border constitutional criss thing is already out of their hands, this case would present them with an opportunity to reassert themselves should they decide to take it.
The F in Communism stands for Food

macsak

Re: Worst 2A decision ever!? Hawaii Supreme Court
« Reply #27 on: February 08, 2024, 11:57:33 AM »
i forgot to note that after stack-e's post...

I must have missed it.

Where in the US Constitution does anyone have a "right to life, liberty, and the pursuit of happiness"?

The Declaration of Independence carries no weight -- legally speaking -- on individual rights.

hvybarrels

Re: Worst 2A decision ever!? Hawaii Supreme Court
« Reply #28 on: February 08, 2024, 12:08:09 PM »
I must have missed it.

Where in the US Constitution does anyone have a "right to life, liberty, and the pursuit of happiness"?

The Declaration of Independence carries no weight -- legally speaking -- on individual rights.

The F in Communism stands for Food

changemyoil66

Re: Worst 2A decision ever!? Hawaii Supreme Court
« Reply #29 on: February 08, 2024, 12:28:34 PM »
SCOTUS authority has been severely undermined this past week. While the Texas border constitutional criss thing is already out of their hands, this case would present them with an opportunity to reassert themselves should they decide to take it.

It's been undermined since Bruen was decided. CA, NY, NJ, HI, MA all said F-U and made more gun laws.

Flapp_Jackson

Re: Worst 2A decision ever!? Hawaii Supreme Court
« Reply #30 on: February 08, 2024, 12:30:39 PM »
It's been undermined since Bruen was decided. CA, NY, NJ, HI, MA all said F-U and made more gun laws.

And iL....
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

Stack_Xchange

Re: Worst 2A decision ever!? Hawaii Supreme Court
« Reply #31 on: February 08, 2024, 12:32:13 PM »
Whoa, stirred the hornets nets apparently. Too much to quote, so I'll just respond in general.

How do rights work?

Your rights are ALWAYS balanced with the rights of another. The Constitution itself does not comprise every law applicable law. The very same right to Free Speech protects the KKK the same way it protects the Black Panthers and everything in between. However, freedom of speech is not unlimited, and neither should any other right. I know some (most?) people here believe that 2A should be an unlimited right. I disagree. That's just a difference of opinions.

Do I own guns? What do I believe?

I believe, that when in the confines of ones own home, and based on the "Place to Keep" requirements, a person should be allowed to own ANY GUN they want. Full-auto SBR with "exploding bullets"? Go right ahead. However, when it comes to carrying in public, a person should be certified so that there is a general understanding of 'who they are' (not a felon, suspected violent crime offender, escapee from a mental ward, etc.) and the peace of mind the person is somewhat capable of deploying that firearm without a significant detriment to others. I don't believe in any law obviously designed to hinder a persons right to bear arms. Private property banned by default? That's pretty "obvious". For example, the "Sensitive Place" laws are clearly a tertiary effort to stifle gun-carrying when other options have failed, even though a person has already met the rigorous requirements to get a CCW in the state of Hawaii. If you pass your CCW in its current form? You should be able to carry any pistol, regardless of whether you tested with it or not, nearly any place by default.

I do own guns. I can't say anything other than that.

Hurricanes and Karens

When a hurricane hits, there could be severe damage to infrastructure. At that point, I don't care if there are caravans of unidentified people driving around with rifles, because we are all just trying to "survive". I would absolutely call the police if I saw a known felon carrying a rifle, even if they are own their own property and that doesn't make me a "Karen". Calling the cops on someone just because they are carrying a gun on private property, that's totally different, and is uncalled for. I don't agree with the "printing rule" because it can happen even with the most responsible carrying. At the same time, I don't believe open carrying during a time of peace really inspires civility, not in a place like Hawaii where the general stance towards guns is negative. I would support Open Carry if the public generally supported it, but I don't think pushing for Open Carry is the way to go about generating public support.

QUIETShooter

Re: Worst 2A decision ever!? Hawaii Supreme Court
« Reply #32 on: February 08, 2024, 12:48:16 PM »
That's not how rights work.  In fact, that's the reason we have rights in the first place.  To protect things that other people object to.  Just because someone doesn't like it, that's on them, not on you.

I often wonder why, if all of us can understand this, that the ones in power and the ones in the judicial system cannot.

Are they getting paid under the table or something?

Madafackahs.
Sometimes you gotta know when to save your bullets.

Flapp_Jackson

Re: Worst 2A decision ever!? Hawaii Supreme Court
« Reply #33 on: February 08, 2024, 12:51:08 PM »
Whoa, stirred the hornets nets apparently. Too much to quote, so I'll just respond in general.

How do rights work?

Your rights are ALWAYS balanced with the rights of another. The Constitution itself does not comprise every law applicable law. The very same right to Free Speech protects the KKK the same way it protects the Black Panthers and everything in between. However, freedom of speech is not unlimited, and neither should any other right. I know some (most?) people here believe that 2A should be an unlimited right. I disagree. That's just a difference of opinions.

Do I own guns? What do I believe?

I believe, that when in the confines of ones own home, and based on the "Place to Keep" requirements, a person should be allowed to own ANY GUN they want. Full-auto SBR with "exploding bullets"? Go right ahead. However, when it comes to carrying in public, a person should be certified so that there is a general understanding of 'who they are' (not a felon, suspected violent crime offender, escapee from a mental ward, etc.) and the peace of mind the person is somewhat capable of deploying that firearm without a significant detriment to others. I don't believe in any law obviously designed to hinder a persons right to bear arms. Private property banned by default? That's pretty "obvious". For example, the "Sensitive Place" laws are clearly a tertiary effort to stifle gun-carrying when other options have failed, even though a person has already met the rigorous requirements to get a CCW in the state of Hawaii. If you pass your CCW in its current form? You should be able to carry any pistol, regardless of whether you tested with it or not, nearly any place by default.

I do own guns. I can't say anything other than that.

Hurricanes and Karens

When a hurricane hits, there could be severe damage to infrastructure. At that point, I don't care if there are caravans of unidentified people driving around with rifles, because we are all just trying to "survive". I would absolutely call the police if I saw a known felon carrying a rifle, even if they are own their own property and that doesn't make me a "Karen". Calling the cops on someone just because they are carrying a gun on private property, that's totally different, and is uncalled for. I don't agree with the "printing rule" because it can happen even with the most responsible carrying. At the same time, I don't believe open carrying during a time of peace really inspires civility, not in a place like Hawaii where the general stance towards guns is negative. I would support Open Carry if the public generally supported it, but I don't think pushing for Open Carry is the way to go about generating public support.

Wrong.  Rights are not "balanced".  They either exist, or they don't. They can be limited as in "Your right to extend your fist stop where my nose begins," but that simply means the WAY in which you exercise your rights can't cause harm to others.  It's not a "balancing," but a common sense determination of whether the way you want to exercise your freedom doesn't hurt anyone else unjustifiably.  You can say all you want against the government until you start inciting violence -- calling for individuals to be hurt or killed. 

If there's a law against your neighbor carrying a firearm on his own property, then the law needs to be addressed and possible fixed.  Unless he's a threat -- pointing the weapon at random people or firing it into the air -- then he has a right to do that on his own property.  If you call the Cops, you need to say he's breaking the law (if he is) or explain why he's making you pee your panties.  Ever been in a real hurricane with massive flooding and looters going door to door?  Talk to some Katrina survivors.

However, your neighbor standing on his roof holding an AR is hurting nobody. Unless he's threatening you, you have to put on your adult panties and let him do what he's doing.  You have no right to "feel" safe from what someone "might" do.  If you believe that, then that's Far Left, Progressive Liberal thinking, pure and simple.  You might want to seek professional help if that's how you live your life.

Quote
§134-7.2  Prohibition against seizure of firearms or ammunition during emergency or disaster;
suspension of permit or license.  (a)  Notwithstanding any provision of chapter 127A or any
other law to the contrary, no person or government entity shall seize or confiscate, under any
emergency or disaster relief powers or functions conferred, or during any emergency period,
as defined in section 127A-2, or during any time of national emergency or crisis, as defined
in section 134-34, any firearm or ammunition from any individual who is lawfully permitted to
carry or possess the firearm or ammunition under part I of this chapter and who carries,
possesses, or uses the firearm or ammunition in a lawful manner and in accordance with
the criminal laws of this State.


     (b)  Notwithstanding any provision of chapter 127A or any other law to the contrary, no
person or government entity shall suspend, revoke, or limit, under any emergency or disaster
relief powers or functions conferred, any lawfully acquired and maintained permit or license
obtained under and in accordance with part I of this chapter.

     (c)  For purposes of this section, "government entity" means any unit of government in
this State, including the State and any county or combination of counties, department, agency,
institution, board, commission, district, council, bureau, office, governing authority, or other
instrumentality of state or county government, or corporation or other establishment owned,
operated, or managed by or on behalf of this State or any county. [L 2010, c 96, §1; am
L 2014, c 111, §7]
https://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0134/HRS_0134-0007_0002.htm

So, if your neighbor is a felon (and you know that to be a fact), and you see him in possession of a firearm under any circumstances, you don't have to wait for him to be on the roof holding it to call the Cops.  That's your decision.
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

changemyoil66

Re: Worst 2A decision ever!? Hawaii Supreme Court
« Reply #34 on: February 08, 2024, 12:52:27 PM »
Whoa, stirred the hornets nets apparently. Too much to quote, so I'll just respond in general.

How do rights work?

Your rights are ALWAYS balanced with the rights of another. The Constitution itself does not comprise every law applicable law. The very same right to Free Speech protects the KKK the same way it protects the Black Panthers and everything in between. However, freedom of speech is not unlimited, and neither should any other right. I know some (most?) people here believe that 2A should be an unlimited right. I disagree. That's just a difference of opinions.

Do I own guns? What do I believe?

I believe, that when in the confines of ones own home, and based on the "Place to Keep" requirements, a person should be allowed to own ANY GUN they want. Full-auto SBR with "exploding bullets"? Go right ahead. However, when it comes to carrying in public, a person should be certified so that there is a general understanding of 'who they are' (not a felon, suspected violent crime offender, escapee from a mental ward, etc.) and the peace of mind the person is somewhat capable of deploying that firearm without a significant detriment to others. I don't believe in any law obviously designed to hinder a persons right to bear arms. Private property banned by default? That's pretty "obvious". For example, the "Sensitive Place" laws are clearly a tertiary effort to stifle gun-carrying when other options have failed, even though a person has already met the rigorous requirements to get a CCW in the state of Hawaii. If you pass your CCW in its current form? You should be able to carry any pistol, regardless of whether you tested with it or not, nearly any place by default.

I do own guns. I can't say anything other than that.

Hurricanes and Karens

When a hurricane hits, there could be severe damage to infrastructure. At that point, I don't care if there are caravans of unidentified people driving around with rifles, because we are all just trying to "survive". I would absolutely call the police if I saw a known felon carrying a rifle, even if they are own their own property and that doesn't make me a "Karen". Calling the cops on someone just because they are carrying a gun on private property, that's totally different, and is uncalled for. I don't agree with the "printing rule" because it can happen even with the most responsible carrying. At the same time, I don't believe open carrying during a time of peace really inspires civility, not in a place like Hawaii where the general stance towards guns is negative. I would support Open Carry if the public generally supported it, but I don't think pushing for Open Carry is the way to go about generating public support.

So to sum you up:

1) You don't believe in the 2nd amendment out side the home.  You, HI, Moms Demand, Everytown all agree on this.

2) Ah, now moving goal post to "if I saw a known felon". So a non-felon carrying a gun while standing on their roof in a "time of peace" is OK.

3) It's already illegal for felons to have a gun. "a person should be certified so that there is a general understanding of 'who they are' (not a felon, suspected violent crime offender, escapee from a mental ward, etc"). How would you know the person passed all of this?  Do you suggest arm bands being worn?  And would it then be OK for someone to have the 2a right? 

4) "I don't believe in any law obviously designed to hinder a persons right to bear arms", but yet one needs to pass a test to CCW, which means have the 2a right outside the home. The current test is easily passible, so it's only there to "hinder someones right to bear arms".  And so was your example test.


changemyoil66

Re: Worst 2A decision ever!? Hawaii Supreme Court
« Reply #35 on: February 08, 2024, 12:53:26 PM »
I often wonder why, if all of us can understand this, that the ones in power and the ones in the judicial system cannot.

Are they getting paid under the table or something?

Madafackahs.

Getting promotions.  YOu don't get a good job if you obey the Constitution. Same goes with being Chief prior to Bruen.  If they ever stated they will issue CCW's to all those who legally own a gun, the wouldn't get the job.

macsak

Re: Worst 2A decision ever!? Hawaii Supreme Court
« Reply #36 on: February 08, 2024, 12:55:20 PM »
so, you are avoiding my questions
got it...

Whoa, stirred the hornets nets apparently. Too much to quote, so I'll just respond in general.

How do rights work?

Your rights are ALWAYS balanced with the rights of another. The Constitution itself does not comprise every law applicable law. The very same right to Free Speech protects the KKK the same way it protects the Black Panthers and everything in between. However, freedom of speech is not unlimited, and neither should any other right. I know some (most?) people here believe that 2A should be an unlimited right. I disagree. That's just a difference of opinions.

Do I own guns? What do I believe?

I believe, that when in the confines of ones own home, and based on the "Place to Keep" requirements, a person should be allowed to own ANY GUN they want. Full-auto SBR with "exploding bullets"? Go right ahead. However, when it comes to carrying in public, a person should be certified so that there is a general understanding of 'who they are' (not a felon, suspected violent crime offender, escapee from a mental ward, etc.) and the peace of mind the person is somewhat capable of deploying that firearm without a significant detriment to others. I don't believe in any law obviously designed to hinder a persons right to bear arms. Private property banned by default? That's pretty "obvious". For example, the "Sensitive Place" laws are clearly a tertiary effort to stifle gun-carrying when other options have failed, even though a person has already met the rigorous requirements to get a CCW in the state of Hawaii. If you pass your CCW in its current form? You should be able to carry any pistol, regardless of whether you tested with it or not, nearly any place by default.

I do own guns. I can't say anything other than that.

Hurricanes and Karens

When a hurricane hits, there could be severe damage to infrastructure. At that point, I don't care if there are caravans of unidentified people driving around with rifles, because we are all just trying to "survive". I would absolutely call the police if I saw a known felon carrying a rifle, even if they are own their own property and that doesn't make me a "Karen". Calling the cops on someone just because they are carrying a gun on private property, that's totally different, and is uncalled for. I don't agree with the "printing rule" because it can happen even with the most responsible carrying. At the same time, I don't believe open carrying during a time of peace really inspires civility, not in a place like Hawaii where the general stance towards guns is negative. I would support Open Carry if the public generally supported it, but I don't think pushing for Open Carry is the way to go about generating public support.

Flapp_Jackson

Re: Worst 2A decision ever!? Hawaii Supreme Court
« Reply #37 on: February 08, 2024, 12:55:25 PM »
I would support Open Carry if the public generally supported it, but I don't think pushing for Open Carry is the way to go about generating public support.

So, in your opinion, rights only exist if the majority agree they do.

That's how rights are often lost -- individuals agreeing to abandon their rights because they don't see a need for them at present, or they capitulate to what we are told by politicians and the press is the popular opinion.

Once a right is lost, it often takes generations and civil war to get them back -- if ever.
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

zippz

Re: Worst 2A decision ever!? Hawaii Supreme Court
« Reply #38 on: February 08, 2024, 12:55:36 PM »
Whoa, stirred the hornets nets apparently. Too much to quote, so I'll just respond in general.

How do rights work?

Your rights are ALWAYS balanced with the rights of another. The Constitution itself does not comprise every law applicable law. The very same right to Free Speech protects the KKK the same way it protects the Black Panthers and everything in between. However, freedom of speech is not unlimited, and neither should any other right. I know some (most?) people here believe that 2A should be an unlimited right. I disagree. That's just a difference of opinions.


So you're saying balancing tests(legal term for balancing the public interest and individual's rights) is okay.  The main point of the SCOTUS Heller and Bruen rulings was that interest balancing is wrong and it cannot be used for the 2A.  History and Tradition at the time of America's founding needs to be used, basically equivalent laws generally in place around 1788.

A lot of people compare 2A restrictions to 1A freedom of speech restrictions for yelling fire in a crowded theater.  It really doesn't have anything to do with freedom of speech as it isn't controversial, political, opinion, expression, or anything like that, but I'll go with it anyway.  Yelling fire in a theater is okay if there's a fire, or you believe there is a fire.  If there is no fire and to criminally charge you for it, you need intent and harm.  Equating that to criminally carrying a firearm in public, you need to have intent to do something bad and actually causing harm to people.  Like yelling I'm going to kill everyone and waving your gun in the air to cause a stampede in a crowded theater.

changemyoil66

Re: Worst 2A decision ever!? Hawaii Supreme Court
« Reply #39 on: February 08, 2024, 12:56:40 PM »
.  You have no right to "feel" safe from what someone "might" do.  If you believe that, then that's Far Left, Progressive Liberal thinking, pure and simple.  You might want to seek professional help if that's how you live your life.


That's why I brought up he, MDA,ET,etc... all feel the same way.

I wonder if he see's someone's CCW gun because their shirt blew up high with the wind, he will yet "GUN GUN GUN" at the top of his lungs.  This is what 1 person testified they will do for SB1230/HB984.