This came as they decided not to intervene in a case challenging Hawaii's prohibition on carrying firearms in public without a permit, a ruling that seemingly undermines the fundamental right to bear arms.
According to The Post Millennial, the Hawaii Supreme Court had earlier, in February, ruled that the "spirit of Aloha" was incompatible with a federally-mandated lifestyle that allows citizens to carry lethal weapons during their daily routines. Justice Todd Eddins, who penned the ruling, argued that states "retain the authority to require" citizens to obtain permits before publicly carrying guns. He further stated that the Hawaiian Constitution explicitly safeguards the "right to carry firearms in public places for self-defense."
The state court, however, ruled that "In Hawaii, there is no state constitutional right to carry a firearm in public."
On Monday, Supreme Court Justices Clarence Thomas and Samuel Alito expressed that the rectification of the Hawaiian court's apparent misinterpretation "must await another day." They, along with Justice Neil Gorsuch, criticized the Hawaiian court's ruling but admitted their inability to rectify the judgment immediately. This was due to the fact that the defendant, Christopher Wilson, who triggered the decision, still faces trial on other charges. Wilson was apprehended in 2017 for trespassing on private property while carrying an unlicensed pistol.
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Thomas, in a statement joined by Justice Samuel Alito, wrote, "Wilson moved to dismiss only some of his charges, most notably leaving for trial a trespassing charge on which his Second Amendment defense has no bearing." He added, "He thus seeks review of an interlocutory order over which we may not have jurisdiction."
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However, Thomas pointed out that, guided by the US Supreme Court's Second Amendment jurisprudence, the Hawaii Supreme Court would have deemed its state licensing rules "unconstitutional and upheld the dismissal of Wilson’s public-carry charges."
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Thomas wrote, "I agree with the Court’s decision to deny certiorari in this posture." He further suggested, "In an appropriate case, however, we should make clear that Americans are always free to invoke the Second Amendment as a defense against unconstitutional firearms-licensing schemes." Gorsuch also hinted that the ruling could be revisited at a later date if the Hawaii Supreme Court proceeded as anticipated.
