Welcome to Balkanization.

The Hawaii Supreme Court has ruled that SCOTUS was wrong in the decisions in Bruen and in Heller. For that reason, they have ruled that a man can be prosecuted for rights protected by the Constitution, and have reinstated his case.

I am not interested in litigating the case here. I am interested in pointing out that the states are increasingly ignoring the decisions of the Federal courts. This can only end in one place- the complete collapse of the system of government of the US.

States Ignoring SCOTUS – Area Ocho

First: If I you live in Hawaii, it is time for you to move ASAP. Not only the 2A but the full Bill of Rights has been thrown out the window wich means you have no rights.

Second: How about the rest of us go ahead and ignore US v Miller for starters?

 

Spread the love

Sorry Hawaii,

Article I, section 17 of the Hawaiʻi Constitution mirrors the Second Amendment to the United States Constitution. We read those words differently than the current United States Supreme Court. We hold that in Hawaiʻi there is no state constitutional right to carry a firearm in public.
State of Hawaii v. Christopher L. Wilson, Oops. Novel citation pattern. at 1–2 (Supreme Court)
We reject Wilson’s constitutional challenges. Conventional interpretive modalities and Hawaiʻi’s historical tradition of firearm regulation rule out an individual right to keep and bear arms under the Hawaiʻi Constitution. In Hawaiʻi, there is no state constitutional right to carry a firearm in public.
id. at 3
In December 2017, at about 11:00 p.m., Flyin Hawaiian Zipline owner Duane Ting saw men on his fenced-in property via video surveillance. Ting reported the matter to the Maui Police Department. Officers headed to Ting’s property. Meanwhile Ting, driving an all-terrain vehicle, corralled Wilson and his three companions. Armed with an AR-15 assault rifle, he detained them until the police arrived. Then Wilson volunteered to the officers: “I have a weapon in my front waist band.” The police lifted his shirt. Wilson had a Phoenix Arms .22 LR caliber pistol, loaded with ten rounds of .22 caliber ammunition. A records check reported that the pistol was unregistered in Hawaiʻi, and Wilson had not obtained or applied for a permit to own a handgun. Wilson told the police that he legally bought the gun in Florida in 2013.
id. at 4

At the time, it had been over 20 years since the Maui Police Department had issued a permit to carry to a member of the public.

The State opposed the motion. It presented records from Florida and the Department of Justice Bureau of Alcohol, Tobacco, Firearms, and Explosives to refute Wilson’s remark about when and where he had purchased the gun. The records showed: (1) Wilson had not applied for or been issued a concealed weapon or firearm license pursuant to Florida law, and (2) in April 2011 someone not named Christopher Wilson purchased the pistol from a licensed firearms dealer in Florida.
id. at 5

What a messed up state, where they believe that Wilson was somehow obligated to apply for a “firearm license”. I’m not sure what a “firearm license” is, maybe somebody in Florida has heard of them. And there is no reason for him to have applied for a CCW. It is NOT required.

In the same way, Wilson’s remark, as quoted, did not say he purchased the firearm from an FFL. Only that he had legally acquired it in Florida.

We hold that the text and purpose of the Hawaiʻi Constitution, and Hawaiʻi’s historical tradition of firearm regulation, do not support a constitutional right to carry deadly weapons in public.

We conclude that HRS § 134-25 and § 134-27 do not violate Wilson’s right to keep and bear arms under article I, section 17 of the Hawaiʻi Constitution and the Second Amendment to the United States Constitution. Since Wilson lacks standing to challenge HRS § 134-9, we do not take up his Second Amendment challenge to that law.
id. at 8

The reason that Wilson lacked standing is that he didn’t bother to pay for and go to the trouble of applying for a permit that would not be granted. There is plenty of case law that says a person does not have to do something that they know will fail before they have standing.

Rather, this court frequently walks another way. Long ago, the Hawaiʻi Supreme Court announced that an “opinion of the United States Supreme Court … is merely another source of authority, admittedly to be afforded respectful consideration, but which we are free to accept or reject in establishing the outer limits of protection afforded by … the Hawaiʻi Constitution.” State v. Kaluna, 55 Haw. 361, 369 n.6, 520 P.2d 51, 58 n.6 (1974). Further, “this court has not hesitated to adopt the dissents in U.S. Supreme Court cases when it was believed the dissent was better reasoned than the majority opinion.” State v. Mundon, 129 Hawaiʻi 1, 18 n.25, 292 P.3d 205, 222 n.25 (2012).
id. at 13

The Hawaii supreme court has been thumbing their noses at the US Supreme Court since at least 1974. “Merely another source of authority” and “not hesitate to adopt the dissents … [we] believed the dissent was better reasoned than the majority”. What arrogance.

Because the text of article I, section 17, its purpose, and Hawaiʻi’s historical tradition of weapons regulation support a collective, militia meaning, we hold that the Hawaiʻi Constitution does not afford a right to carry firearms in public places for self-defense.
id. at 19

There is more of this profoundly unreasoned opinion. The gist is that they claim that the state constitution provides more rights to the defendant, and thus the state constitution should be followed. Then interpret the state constitution in a stricter light than the Supreme Court does the US Constitution.

This reasoning is half right. The rights of The People should always be the greater of the state’s constitution and the federal constitution. But when what is more restrictive than the other, the one that offers more protection wins.

Enjoy your second dose of courts doing stupid things.

Spread the love

Annnnnd in this ring, Judges Clifton and Thomas of the 9th Circuit

Judge Benitez wrote a powerful final judgement in Rhode v. Bonta. He said, “Ammunition is within the scope of the Second Amendment, see —State of Hawaii v. Christopher L. Wilson, Oops. Novel citation pattern. at 1–2 (Supreme Court)” and —id. at 3. Besides, we had testimony provided by Robert Spitzer and Michael Vorenberg, this proves that the Second Amendment is implicated.

Not only that, it was remanded to Judge Benitez to evaluate in light of the Bruen opinion. All pretty good indicators that the conduct, purchasing ammunition, is within the scope of the Second Amendment.

He explained clearly that this met the first step of the Heller, the plain text of the Second Amendment.

On December 12, 2022, he ordered the state to bring forth “relevant statutes, laws, and regulations” from the time of the adoption of the Second Amendment (1791) through 20 years after the ratification of the Fourteenth Amendment (1868+20=1888). He further required that the state provide that in a spreadsheet, in chronological order.

The state refused to follow instructions. Instead of 1791 through 1888, they provided 54 entries from 1403 through 1787. They then provided 53 entries for the allowed time period.

2 possession by a minor
1 without cause to carry or drunk
50 Racist restrictions

That’s it within the allowed time frame. All 50 of those racists laws were declared unconstitutional under the Fourteenth Amendment.

They provided another 40 that were after 1888.

In other words, for “history and tradition”, the state could bring forth only 3 regulations, from 1853, 1868, and 1881.

The Judges with clown noses, Clifton and Thomas, wrote:

The motion to stay the district court’s January 30, 2024 permanent injunction and judgment (Docket Entry No. 4) is granted. See Nken v. Holder, 556 U.S. 418, 434 (2009) (defining standard for stay pending appeal).
Rhode v. Bonta 24-542 (9th Cir.)

Nken v. Holder is a 31-page opinion from the Supreme Court in 2008. The question is about stays vs. injunctions and if the Fourth Circuit had the power to stay a deportation of an illegal alien.

The Supreme Court said, Traditional stay factors, not the demanding § 1252(f)(2) standard, govern a court of appeals’ authority to stay an alien’s removal pending judicial review.id. at 4.

The “traditional stay factors” are outlined in —id. at 5. The most important Winter factor is the likelihood of success on the merits.

For these to judges to suggest that the Winter factors were not properly used is a profound error. To not even bother to say why, these homo sovieticus prove they are more interested in putting their thumbs on the rights of The People than they are in following the law.

Judge Callahan, on the other hand, understands that he is a member of an inferior court, sworn to uphold The Constitution above petty tyrants.

I would deny the motion for a stay pending appeal. I do not believe appellant has met his burden of showing a likelihood of success on the merits or that irreparable injury will occur absent a stay.
Rhode v. Bonta 24-542 (9th Cir.)

Bibliography

State of Hawaii v. Christopher L. Wilson, Oops. Novel citation pattern. (Supreme Court)
Spread the love

It must be Election season again.

When the Media starts to pull the menace ghost of Militias.

MONTGOMERY County, Tenn. (WKRN) — The FBI says a Tennessee militia member planned to go to the southern border to attack federal agents because he believed the country was “being invaded” by migrants.

After a yearlong investigation, Paul Faye from Cunningham, Tennessee was arrested Monday.

TN militia member planned to attack US border agents, FBI says (wkrn.com)

Was he ready to start another insurrection? List of federal agents to be killed in his possession? Even agitating the masses into immediate action against Border patrol agents?

Nope.

According to the criminal complaint, Faye was charged with selling an unregistered firearm suppressor.

That’s it! The dumbass sold an unregistered gun muffler to a Fed who incidentally seemed to have pooped his pants at some other stuff.

An undercover agent wrote in the complaint Faye had an arsenal of firearms and explosives he was looking to “stir up the hornet’s nest” at the U.S.-Mexico border.

Probably several guns and rifles and a couple of pounds of Tannerite.  And the rest of the article is just another intellectual upchuck of the evils of Militia with the obligatory reference to January 6.

It is like they are no longer trying to come up with fresh material anymore.

 

 

Spread the love

Anti-gun administration doesn’t enforce the law on gun crime

This is an official press release from the US DOJ:

Former FedEx Driver Sentenced for Selling Firearms He Stole From Packages on His Truck

A Middleborough, Mass. man was sentenced to six days in prison for stealing and selling three firearms from FedEx packages he was responsible for delivering. The government recommended a sentence of 10 months in prison.

Frank P. O’Toole, 40, was sentenced on Feb. 2, 2024 by U.S. District Court Judge Angel Kelley to time served (six days) and three years of supervised release, during which period he must complete 250 hours of community service. On June 16, 2023, O’Toole pleaded guilty to two counts of possession or sale of a stolen firearm.

O’Toole previously worked as a FedEx delivery truck driver at a facility in Middleborough. Between October 2021 and June 2022, O’Toole stole three packages sent from out-of-state which he was responsible for delivering, each containing a firearm – specifically, two rifles and a shotgun – intended for a Federal Firearms Licensee. O’Toole subsequently sold the three firearms to an undercover agent during two separate controlled purchases on Aug. 9, 2022 and Aug. 12, 2022.

According to 18 USC §§842(h); 922(i), (j) & (u), the penalty for stealing from an FFL is 10 years.

This guy got time served for six days.

Democrats don’t care about enforcing gun laws on criminals who willingly commit crimes like stealing and selling stolen guns.

They much rather throw good gun owners in prison for not properly pinning and welding on the flash hider on their 14.5 inch AR.

This administration doesn’t care about stopping gun crime. Keeping you safe from criminals is not their priority.

Spread the love

Antisemitic illegal immigrant attacks Jews

If this wasn’t reported on by the NY Post, I would think it’s a bad Babylon Bee joke.

It’s literally every worst case thing packed I to one scenario.

Jew-hating Palestinian migrant busted for pummeling NY homeowner, swiping pro-Israel flag: cops

A self-described Palestinian migrant from northern Africa stole a pro-Israel flag from a Long Island porch — then pummeled the homeowner who tried to stop him in a wild caught-on-video attack, officials said.

Bechir Lehbeib, 26, allegedly stole the flag — which declared “In This Home We Stand with Israel — from Aleksandr Binyaminov’s porch, cops said.

The homeowner told The Post he was alerted by his Ring security system that someone was at his house and he looked at video of the front of his house to see the theft in progress.

“So I got dressed, came out. I confronted him,” Binyaminov said. “I told him, ‘Give me the flags,’ and he just started fighting with me and punching me in my face.”

“He basically got me in a choke position, threw me on the floor and head butted me. He was saying, ‘I’m from Palestine. You’re killing Jews.’ That’s all he said,” Binyaminov said.

Lehbeib, who descibed himself as Palestinian, entered the U.S.from Mexico in November, authorities said. Officials said they aren’t sure of his country of origin, but said they believe he migrated from somewhere in the northern part of Africa.

We have a terrorist supptorer whi hates Jews come from Africa to Mexico to sneak into the US, where he attacks a Jewish American.

Tell me again how the border isn’t a crisis, and concerns about terrorists sneaking across it from other countries is a racist Right Wing talking point.

My takeaways are this:

The illegal immigration situation is a catastrophe.

More things like this will happen. It’s just a matter of time. Too many unknown bad people have entered already.

DO NOT BREAK YOUR PERIMETER.  Call the cops. Don’t confront the asshole ripping down your flag or yard sign. You don’t know what he’ll do or how badly you will get hurt.

Buy a gun. Train with it. Know how to use it. Be prepared to defend yourself and your home for when this gets worse.

Spread the love