The Hawaii Supreme Court handed down a unanimous opinion on Wednesday declaring that its state constitution grants individuals absolutely no right to keep and bear arms outside the context of military service. Its decision rejected the U.S. Supreme Court’s interpretation of the Second Amendment, refusing to interpolate SCOTUS’ shoddy historical analysis into Hawaii law. Dahlia Lithwick and Mark Joseph Stern discussed the ruling on this week’s Slate Plus segment of Amicus; their conversation has been edited and condensed for clarity.
Aren’t there already limits on what firearms people can have? Also, if understanding their use is a requirement then why isn’t training necessary to purchase one?
Aside from the fact that “training” takes many forms, what the law is saying is that, at a bare minimum, people need the right to keep weapons so that it’s possible to form a militia. If you take a random person who has never owned a weapon and throw one in their hands they won’t even know how to hold the damn thing.
If you spend any time at a gun range, the absolute scariest people are adults who have never handled a gun before. Without the right to own private weapons, if a civil defense situation were to arise and weapons were handed out, that would be everyone. As a national defense strategy, it’s pretty awful.
So they made a law guaranteeing the rights for civilians to own and train on weapons.
As I said, we’re not in any real threat If the British invading these days, but if we’re talking about the original language there it is.
Training would not take many forms if they federally mandated a set of training guidelines.
We do have a national training organization dating back to the 1800s established by the federal government.
It’s called the Corporation for the Promotion of Rifle Practice and Firearms Safety, but is better known as the Civilian Marksmanship Program. Millions of gun owners participate in it in one form or another - including training and competition.
It is NOT required for owning a firearm, though participation is mandatory to buy a surplus military weapon (civilian-legal weapons only) from the government.