543 P.3d 440
Haw.2024Background
- Christopher Wilson was criminally charged in Hawaii with violating "place to keep" laws, specifically HRS § 134-25 (firearm) and HRS § 134-27 (ammunition), after he was found carrying an unregistered, loaded handgun and ammunition on private property.
- Wilson did not apply for a Hawaii carry license but argued that both the state and federal constitutions protect an individual's right to carry firearms in public for self-defense, citing recent U.S. Supreme Court precedent.
- The Circuit Court dismissed the charges under Bruen, holding Hawaii’s laws conflicted with the Second Amendment as recently interpreted.
- The State appealed, arguing (1) that Wilson lacked standing because he failed to seek a carry license and (2) the Hawaii Constitution does not recognize an individual right to carry firearms in public.
- The Hawaii Supreme Court reversed the dismissal, concluding there is no constitutional right to public carry under the Hawaii Constitution and holding that Hawaii’s licensing and “place to keep” statutes are constitutional.
Issues
| Issue | Plaintiff’s Argument | Defendant’s Argument | Held |
|---|---|---|---|
| Standing to challenge “place to keep” statutes | Wilson lacks standing without license | Standing exists due to pending charges | Wilson has standing to challenge HRS § 134-25 and § 134-27. |
| Standing to challenge Hawaii’s carry license law | — | Should be able to challenge without applying | Wilson lacks standing; not charged nor applied for a license. |
| Right to carry firearms in public under HI Constitution | Hawaii Constitution does not confer individual right | HI Constitution provides right to carry | No state constitutional right to carry firearms in public for self-defense. |
| Right under Second Amendment/ Bruen | Licensing and regulation are permitted | Place-to-keep laws are absolute, violate Bruen | Laws do not violate Second Amendment; licensing can be required. |
Key Cases Cited
- District of Columbia v. Heller, 554 U.S. 570 (2008) (recognized an individual right to possess firearms under the Second Amendment)
- McDonald v. City of Chicago, 561 U.S. 742 (2010) (incorporated Second Amendment against the states)
- New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 597 U.S. 1 (2022) (held that states must allow public carry of firearms for self-defense, subject to licensing)
- United States v. Miller, 307 U.S. 174 (1939) (Second Amendment’s protection tied to militia use)
- State v. Mendoza, 82 Hawaiʻi 143, 920 P.2d 357 (Haw. 1996) (previously declined to decide whether Hawaii Constitution protections are individual or collective)
- State v. Armitage, 132 Hawaiʻi 36, 319 P.3d 1044 (Haw. 2014) (criminal defendants have standing to mount constitutional challenge to charged statutes)