Hawaii Introduces Senate Resolution Calling for Repeal of 2A as ‘Individual Right’

The entrance to the Hawaii State Senate chamber.  (Photo: Wikipedia)

Five state senators in Hawaii have introduced a Senate Concurrent Resolution (see below) this week that would ask the U.S. Congress to “consider and discuss whether the Second Amendment of the United States Constitution should be repealed or amended to clarify that the right to bear arms is a collective, rather than individual, constitutional right.”

Known as SCR42, the resolution includes the following reasoning for repealing or amending the Second Amendment:

  • There is considerable debate about whether the Second Amendment creates an individual or a collective right to bear arms.
  • In 1939, the U.S. Supreme Court adopted a collective rights approach to the right to possess firearms in United States v. Miller, 307 U.S. 174 (1939).
  • In 2008, the U.S. Supreme Court recognized an individual right to possess firearms in District of Columbia v. Heller, 554 U.S. 570 (2008).
  • When it decided Heller, the U.S. Supreme Court “revitalized the discussion of whether the Second Amendment is a collective or individual constitutional right.”
  • There have been “numerous tragic mass shootings at schools, workplaces, and public events [and so] it is necessary to repeal or amend the Second Amendment of the United States Constitution.

The five senators who introduced SCR42 are:

  1. Senator Stanley Chang, Senate District 9;
  2. Senator Karl Rhoads, Senate District 13;
  3. Senator Rosalyn H. Baker, Senate District 6;
  4. Senator Dru Mamo Kanuha, Senate District 3; and
  5. Senator Laura H. Thielen, Senate District 25.

This is the second time in as many years that Hawaii has introduced such a measure. In 2018, The House introduced HR167, a resolution virtually identical to SCR42. HR167 never made it out of committee.

It is unknown whether SCR42 will ultimately pass.  Even if it does, one state calling for the repeal of the Second Amendment is unlikely to get much traction in Washington, D.C.  Still, it is important to remain vigilant since it is clear that the anti-gun crowd will continue to push its agenda by any and every means available.

For now, the current state of the law is clear: the Second Amendment protects an individual’s right to possess firearms.  Let’s do everything we can to keep it that way.

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About the author: John Thomas is a U.S. Navy veteran, and a former prosecutor and defense attorney with over 20 years of experience in state and federal courts. He has handled everything from traffic tickets to first-degree murder cases and is a long-time supporter of Second Amendment rights and the rights of individuals to defend themselves, their families and their property.

{ 125 comments… add one }
  • Lopaka Kanaka March 10, 2019, 10:28 pm

    As a former resident that was born after Pearl Harbor I flew away from my birth Island and moved to the mother land of the maimland in 1962 and never looked back. I served my duty for 6 years in the military and
    enjoyed purchase firearms for my pleasure and for personal propection and my family. Never had a problem
    carrying my firearms where ever I went and never got stopped for having a loaded fire arm. I enjoy my rights
    as a citizen in this great country. We will always have our rights trying to be taken away by others who do not
    believe in every citizen right to “Bear Arms”. There is so much guns in the hands of criminals you will never be able to stop them from killing citizens of this country. There is never enough law inforcement to stop
    the bad from killing the good citizens. We will always have family killing there own members and friends
    killinf each other. This is truly the way life goes on every day in this great country.

  • Eric Haulenbeek March 9, 2019, 9:31 pm

    These Hawaiian liberals are just as ignorant and under- educated as every liberal clown that’s ever used this same ridiculous argument to erase a clearly defined personal right that they plainly disagree with. Liberals are as anti-American as every other liberal clown that sits in state an national legislatures around our great country. To hell with them!

  • AJ March 9, 2019, 5:37 pm

    This is a slap in the face of the service members who gave their lives in the attack on Pearl Harbor, and an insult to anyone who has ever fought for our rights.

    It also calls into question why Hawaii feels that they have a say in something that they didn’t help write.

  • ruger March 9, 2019, 5:03 pm

    Sounds like a heck of a way to start Civil War II. This is why the Liberals need to be voted out.

  • Richard Ward March 9, 2019, 3:13 pm

    Repeal their statehood. Kick them out.

  • E March 9, 2019, 2:14 pm

    This kind of political terrorism can not be tolerated. It is more destructive to the country than a mass shooter. Intentionally causing panic and separation should be considered terrorism and grounds for prison. Over and over these politicians break the oath they swore to protect and defy the “people’s right”. Time for the people to enforce our rights through the political prosess, before it can only be done in a way that will ruin the entire country!

  • E March 9, 2019, 1:56 pm

    Hold a Treason trial for anyone who signs on to this kind of legislation!

  • T Man March 9, 2019, 1:31 pm

    I have only two comments to make to the people of this state and it hurts me to even call it that.1…December 07 1941.2…Why didn’t the Japanese military proceed with their invasion plans to attack the US mainland? Thank you for your time,nothing further.

    • Bill Morgenstern March 11, 2019, 3:37 pm

      SPOT ON !!!!!!!!!

    • Kyle Doughty March 14, 2019, 3:15 pm

      Exactly. Thank you for reminding everyone of the sheer facts because that’s what your statement is

  • markle laws March 9, 2019, 10:56 am

    Money talks. Don’t buy anything from Hawaii and see how long that state and it’s state senators stay in existence.

  • Hondo March 9, 2019, 9:08 am

    Five douche bags who should be hung for treason.

  • William Rousey March 8, 2019, 10:17 pm

    I have had enough of this Crap .. FCK the Hawaii GOVERNMENT ! I am not the Only one tired of this crap .. NANCY Pelosi .. I am not giving up my Gun .. PELOSI is Obviously just doing this to get and and Piss off President Trump .. I am not giving up any thing just because Peolsi can try and make a POINT ! They want another CIVIL WAR ! Lets GIVE IT TO THEM !

    • Lou March 9, 2019, 2:02 pm

      Screw all liberals. You really don’t want to try to come and take it

    • Steve March 13, 2019, 10:08 am

      The next Civil War is coming….BRING IT ON!

  • Joseph D. Hollinger March 8, 2019, 5:15 pm

    The Preamble to the Bill of Rights explains why the Bill of Rights was made part of the body of the Constitution. The Founders did not trust men to be honest and patriotic while serving in government. The included the Bill of Rights into the body of the Constiitution to enforce ptotection of our rights from those that are wanting to tamper with them as you see happenimg in the related article.

    The only way to change amemdmemts 1, 3-10 is using Article V processes. The Second Amendment cannot be changed in any way by anyone for any reason. It is the only amendment including the order: “shall not be infringed.”

    Read history about the Founders, especially quotations. There was a consensus that gun ownership was tantamount to remaing free. That is the reason for the second amendment, to protect us from government run amok like they have at this time.

    When Government fears the people there is freedom. When people fear government there is slavery.

    We must never allow government to take control of the Unitrd States!!!

    • Eric Haulenbeek March 9, 2019, 9:44 pm

      Excellent response!

  • Ronald ` Renken March 8, 2019, 5:12 pm

    join the group you want to! I am a life member of the NRA and first joined in 1963 and am a member of GOA. If you don’t learn from history you are doomed to repeat it. IF ANY GUN OWNER VOTED FOR A DEMOCRAT YOU ARE THE PROBLEM NOT THE NRA

    • Craig Snodgrass March 9, 2019, 5:05 pm

      I’m with you…

  • DaveGinOly March 8, 2019, 4:46 pm

    “When it decided Heller, the U.S. Supreme Court ‘revitalized the discussion of whether the Second Amendment is a collective or individual constitutional right.’”
    Untrue. When SCOTUS decided Heller it SETTLED the discussion.

    A procedure to remove all five of these twits from the legislature should begin. They are all guilty of false swearing, violating their oaths to support and defend the Constitution:

    Hawaii State Constitution
    Article XVI

    OATH OF OFFICE

    Section 4. All eligible public officers, before entering upon the duties of their respective offices, shall take and subscribe to the following oath or affirmation: “I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States, and the Constitution of the State of Hawaii, and that I will faithfully discharge my duties as …………………… to best of my ability.”

    There is a reason they swear an oath when taking office, and one of those reasons must be that failure to adhere to the oath has consequences. Otherwise of what value is swearing an oath to specific performance if that performance can be neglected or actively be undermined? A charge of perjury might be in order.

  • Leonce LaRouche March 8, 2019, 3:42 pm

    I believe we “The People of the United States” should ALL have a say in this if it goes to Congress for a vote! All addition’s or removal of any one piece of change in OUR Constitution needs our input as a people in it’s entirety!

    • Mike March 9, 2019, 6:55 am

      Leonce:

      The problem I see with your suggestions that the demographics are changing in such a way that we 2A people are becoming a minority. With so many anti-firearm groups out there, we may be out voted.

      Most of today’s citizens either don’t know or don’t care about the constitution , as we seem to be marching towards socialism and becoming more dependent on the government.

      The presidential election of 2020 will be even bigger than 2016…..

      God help us……….

      • grifhunter March 9, 2019, 4:42 pm

        We are about one or two generations away from this proposal going from liberal pipe dream to a reality. Demographics ARE changing, the recent immigrants come from countries with no history of private gun ownership, and will readily vote away their own civil right to a gun.

        We need to grow the gun culture in the US, expand our tent to immigrants, minorities, gay, muslims etc. Isolation means we lose over time. Integration of the culture of the gun is the only way we have a future.

  • Jones George March 8, 2019, 3:32 pm

    Do they propose “the people” referenced in other amendments refer only to the people collectively?

    That means the right to assemble and petition the government is a collective right. If you do not circulate a state-approved petition, in a state-approved assembly, you have no right to assemble or petition.

    The right of the people to be secure against illegal searches is only a collective right. The government cannot systematically search every house on the block, but there is no protection against an unreasonable search of your INDIVIDUAL house.

    Powers not enumerated or delegated to the United States in the Constitution are reserved for “the people” in amendments 9 and 10, but that just means state governments. You have no individual rights other than those specifically enumerated in the Constitition.

  • Terry March 8, 2019, 2:49 pm

    Why not lets just remove Hawaii from the United States ? After all the state profits greatly from our commerce and we could still keep the fleet their. Why do we need any state that does not want our entire constitution?

  • Bill Kelly March 8, 2019, 2:06 pm

    Trust me they don’t want to go against 300 million armed citizens with a trillion rounds of ammo.

    • BigMikeU March 8, 2019, 7:02 pm

      AMEN BROTHER!!! If they want a 2nd Civil War or a rather large civil event with this crap they can try! And the numder is well up over 350million ARs sold to date! Thats not including “all” other guns in the country! I know i can arm my entire family and 1/2 my block! For “only” and for ever shall GOD BLESS AMERICA!!!! ][][][% 4LIFE Til Death!!!

      • I Love Liberty March 12, 2019, 9:55 pm

        I think your numbers are greatly inflated. Likely there are at least 10 million AR-15 rifles in private hands in the United States. (I like the .300 AAC Blackout and 6.5 x 39 Grendel AR-15s.) But there are millions of other semi automatic rifles. Semi auto AK-47s, FALs, M-1As, M-1 carbines, Ruger Mini 30s and Mini 14s, Heckler & Koch G3s and many others. It would be an all out war on the American people to confiscate their guns. It would shed much blood and I hope it never happens.

  • Capn Jack March 8, 2019, 1:28 pm

    Socialism and Communism are alive and well in Hawaii.

    • TigerInHawaii March 8, 2019, 2:43 pm

      I have lived here 25 yrs now and am increasingly having thoughts of moving to some place with sensible conservative ideals such as my own. For all its beauty and nice friendly ppl I hate living here anymore. Liberalism is rampant in Hawaii.

  • spunky52 March 8, 2019, 12:39 pm

    Just be diligent, because just like the extremists have done in the past years, using small un-noticed moves, like placing un-constitution judges in the courts. To every citizen with any intelligence; do you remember personally voting to take away any parts of the constituton, the declaration of independance, the bill of rights. No, I’m sure you don’t and didn’t choose to do so These traitors count on us not paying attention, BUT; to all Americans with a heart for this great country, where freedom reigns, from sea to shinning sea, Donald Trump, came out with a PATRIOTS CALL TO AWAKE, to take action against the invasion of our country, it’s laws, the doctrine of the contitutional republic, as formed by men, with hearts of GOD, UNDER GOD, BY THE GRACE OF GOD! We must make them remember what Americans did to those that have tried to destroy this country and it’s citizens, and we the Patriots, the ex military, the ex law-enforcement, the private militia, and citizens, that believe GOD gave un these inalieanable rights and freedoms, will take care of those and remove them from our midst, should they decide to push this to internal conflict.
    THE PATRIOTS HAVE THE DOCUMENTATION, THEY HAVE THE PROOF OF THOSE GUILTY OF TREASON, NOW AND BEHIND THE SCENES, THAT ARE TRYING TO ORCHESTRATE, THE DETRUCTION OF OUR NATION. WE ARE WATCHING YOU, AND WILL TAKE APPROPRIATE ACTIONS, AGAINST YOUR TREASON… LED BUY PRESIDENT TRUMP, WHO OBVBIOUSLY HAS THE HEART OF A LION, AND A HEART FOR THIS GREAT NATION!

    • Wes benscoter March 8, 2019, 2:20 pm

      Amen man. Right on, MAGA 2020!!!!!!!!!!

    • Norman Farmer March 9, 2019, 10:10 am

      I stand with you and at the ready!

  • Arthur Nicholas March 8, 2019, 12:39 pm

    Dilligaf what morons from Hawaii say about our “Inherent Right” to keep and bear arms? Now let these morons respond to the fake birth certificate of their islamic and communist president, Barack Hussein Obama.

    • MadMax3.6 March 8, 2019, 10:05 pm

      I think “BABOON OBAMA” sounds more like it.Oh,by the way I’m not a racist!!!

  • Jim March 8, 2019, 11:57 am

    Nope, no way. This WILL be tossed out even if voted in by State Law as the Bill of Rights applies to ALL Citizens from ALL States. The Supreme Court has no other choice but to overturn this decision made in Hawaii if it even passes there.

  • Kurt March 8, 2019, 11:48 am

    The second amendment’s is both individual and collective, for who is not a person, in order for the people to have the right, the person must be allowed.
    I don’t know how many of you have noticed this, but our federal government is not fit for duty. Wheh they tell us they must obey orders from the deep state. Or international money. That’s a adnition to treason. The pattern has been repeated throughout history. Disarm and enslave. Ask Irish, or the Scotts or the Germand or the French, ect. No one has to look hard to see this. We the people
    must stop this. We must find a way
    to dissolve this corrupt cabal that has taken over our federal government or we all ,every last one of us will lose all of the freedom we have left.

  • Michael J March 8, 2019, 11:35 am

    The problem with our system of government is that no elected official is ever held accountable for breaking their oath of office.
    Clearly ignoring the Supreme law of the land is more than adequate to remove these treasonous infiltrated communists.

    • Wes benscoter March 8, 2019, 2:18 pm

      Absolutely true, it’s a wonder why the American public tolerates such treason and did nothing during all the felonies of the obummer administration. I am disgusted how these anti-American liberal pukes are infiltrating our government through means of political terrorism. Way I see it, liberals and islamic extremists are from the same cloth. They both believe killing babies is a means to an end. I STRONGLY ENCOURAGE EVERY US CITIZEN TO HOLD YOUR STATE GOVERNMENT RESPONSIBLE IF YOU OR YOUR FAMILY IS IN DANGER BECAUSE YOU WERE UNABLE TO DO ANYTHING ABOUT IT DUE TO SHORT SIGHTED LAWMAKERS ATTACKING OUR PERSONAL FREEDOMS. WE ARE NOT THE UK, STRICT GUN CONTROL HASN’T DONE THEM ANY GOOD ANYWAYS. PEOPLE ARE STILL DYING VERY VIOLENT DEATHS THERE. LOSE OUR GUNS HERE AND ONLY THE CRIMINALS AND GOVERNMENT WILL HAVE GUNS. HOW LOUD WILL OUR VOICE BE THEN?!

  • TomEE March 8, 2019, 11:27 am

    These five state senators should be marched to the nearest town square, and executed by firing squad.
    They want to take away the 2A rights of Americans, see how they like their “right to due process” taken away!

  • alej March 8, 2019, 11:26 am

    Way past time to give those freeloading Japs the islands; they’re all socialist Democrats living off our taxes and hating whites. We don’t need those islands like we did before long range aircraft were available.

  • Erwin Lang March 8, 2019, 11:15 am

    Another effort to subdue individual rights. A first step is to get socialism established as the norm. These folks are communist at heart.

  • AK March 8, 2019, 10:49 am

    Two points….

    The term “collective right” would have elicited a blank stare from the Framers of the Constitution. “Collective rights” – or really, collective anything – is a debased seed planted in the cesspool of the French Revolution and harvested by a degenerate named Marx and his fellow travelers.

    Next, this is precisely why the Bill of Rights was opposed by a number of Framers. Because they knew someone in the future, someone either with no knowledge of or respect for natural law and rights, would make the intellectual leap, repeal the amendment, the right disappears.

    • Mike March 8, 2019, 1:28 pm

      Amen! GUBERMENT does not relinquish rights to the individual or take away.

      The issue I am concerned with on this crazy narrative is it’s getting momentum. True history of our nation is not understood, taught or upheld by the ruling overloads.

      Funny analogy is to watch the children’s movie Wall-E. Orwellian in its context, but seems like current reality. Can’t wait to get my hover chair to protect my non functional legs.

      I resist tyranny at all costs and measures. 🙂

  • Russell March 8, 2019, 10:42 am

    These Fools have a Death Wish…

  • Joe March 8, 2019, 10:41 am

    If this passes all federal funding, and I mean all, should be immediately stopped with all of the states representatives who signed the bill rounded up, incarcerated, and charged with treason. They should, when convicted and put to death. They are welcome to their opinions but if they make this a law they are guilty of so many felonies that I cannot even imagine. We have a department of the government called the Justice Department whose job it is to deal with this. The FBI is charged with investigating this and recommending that criminal proceedings. They should also be placed on the do not fly list.

  • Stravo March 8, 2019, 10:38 am

    I’ve no reason to believe these legislators have anything but the best intentions for their actions; however, I heartily disagree w/ tampering w/ the 2nd Amendment. There is no reliable evidence that firearms restriction(s) will work in this nation. Further, you’re just punishing the innocent for the evil deeds of a relative few. I mean, what percentage of the population even thinks about blowing away innocent people? If it were as bad as the media play it to be, the last thing any of us would want is to venture outside unarmed. And disarmament is the logical extension to this gambit. There simply are too many people who know too little about firearms to make reasonable decisions on the matter.

    As a note of caution: What do you think will happen when the 2nd is scrapped?

    Either you call for an Art. V or con-con, or you reap the whirlwind. Beware!

  • Rouge1 March 8, 2019, 10:35 am

    Just more democrat jim crow. When will our corrupt supreme court reign in these rogue states and their actors?

  • Nick T March 8, 2019, 10:32 am

    The Resolution does not properly quote Miller, and leaves out an essential word; “The Court cannot take judicial notice that a shotgun having a barrel less than 18 inches long has today any reasonable relation to the preservation or efficiency of a well regulated militia…” The word being “today”, because the court recognized that military weaponry changes over the years, and if you study the topic you’l note that the courts have addressed such issues.
    The court opined that “With obvious purpose to assure the continuation and render possible the effectiveness of such forces, the declaration and guarantee of the Second Amendment were made. It must be interpreted and applied with that end in view.” It goes on to explain what Militia was, “”The American Colonies In The 17th Century,” Osgood, Vol. 1, ch. XIII, affirms in reference to the early system of defense in New England —

    “In all the colonies, as in England, the militia system was based on the principle of the assize of arms. This implied the general obligation of all adult male inhabitants to possess arms…”
    It is to be taken in that light, as “the whole people” with the authority “to execute the Laws of the Union”. With such authority, it was understood that Militia would not follow unconstitutional acts, or execute orders that would infringe on the rights of the People, but instead bring to trial those who abused the Law of the Land.
    This is a part of the history and law of our nation. What totally confuses me is the supposed pro-2nd communities disparaging of such an awesome power. In addition, why it does not question how the State has changed the definition and function of Militia without a constitutional amendment.

  • walt morris March 8, 2019, 10:18 am

    wow 5 traitors to our country and our constitution. i can only assume that they took an oath to protect and defend our constitution. what happened to that. if you like living in a communist country why don’t you go to china and spend the rest of your life enjoying all the benefits of the utopian life that you so richly deserve?

  • old Marine March 8, 2019, 10:13 am

    In 1803 the Supreme Court Stated that any Law repugnant to the Constitution is Null and Void, This sets up those legislators for prime criminal charges and most certainly for Law suits that will destroy those who choose to attack the Constitution.

    • deanbob March 8, 2019, 10:58 am

      Most legal action that pertains to this would likely be in either Hawaii or the 9th Circuit Court, some of the most left wing country in the nation. Fortunately, the SCOTUS would have a decent chance of overturning any ant second amendment legislation or legals cases.

    • Martingard March 8, 2019, 11:07 am

      Back in 1965 (?) they were given statehood, maybe that should be rescinded if they don’t like our Constitution. We really don’t need those islands as a part of our United Stated Of America. They offer very little value other than a military base and we could keep that anyway.

      • jackalope March 8, 2019, 12:48 pm

        1959. Alaska and Hawaii.

  • old Marine March 8, 2019, 10:07 am

    Those legislators in Hawaii are committing a federal crime of Perjury Under and and out and out Traitor / Domestic Terrorists act against the Constitution . The are State and Federal Laws against their belligerent and criminal act against the Citizens of Hawaii is sickening and repugnant. How can Public Servants working for the people turn around and do such ugly acts against the people. If the citizens of Hawaii let them do this then they deserve what they get but will be against the Law of the United States. A change to the Constitution takes 38 States also making these legislators criminals in the First degree. SHAME ON HAWAII.

    • Stravo March 8, 2019, 10:31 am

      Another old Jarhead says that these legislators are innocent till proven guilty. I don’t support any such measures against the 2nd Amendment; however, I don’t like summary executions either– as you have called for in your language concerning these legislators. You wish to kill their reputations for voting their consciences. Based on what? Your disapproval?

      It is shameful that a fellow Marine should behave like this in public.

  • Thomas S Orlando March 8, 2019, 10:06 am

    “There is considerable debate about whether the Second Amendment creates an individual or a collective right to bear arms.”

    No. The Second Amendment does not create a right! The right is endowed by the Creator, the amendment merely guarantees that the government will enforce said right, and not infringe it.

    It is manifestly obvious that the public education system in Hawaii has failed to produce educated adults capable of serving in government, or they would be able to see the stupidity of this proposal.

  • Matt March 8, 2019, 10:05 am

    Idiot Politicians. It really bothers me that these elected officials are so stupid and foolish and lazy. They can’t even do simple math. If nothing else, they have an obligation to fully research all aspects before proposing a law, especially one to change the constitution of America. If nothing else, Comparing the FBI stats of how many times a year, a gun is used to stop crime, (police and/or private individuals) compared to the actual very small number of illegal killings, including mass killings.

  • Chuck Slaght March 8, 2019, 10:04 am

    It is so sad when people don’t understand the Second Amendment and the right to bear arms to protect the ourselves and our nation against tyranny. No other nation can boast of its’ citizenry being able to defend itself against all enemies foreign and domestic. Lose your right to bear arms — lose your freedom and liberty. Get over it people if you don’t like America leave otherwise “Don’t Tread On Me…”

  • James Summers March 8, 2019, 9:26 am

    From Hawaii Constitution:

    Seems Hawaiian officials are trying to circumvent oath of office and citizens are just hiding and doing nothing !!

    OATH OF OFFICE

    Section 4. All eligible public officers, before entering upon the duties of their respective offices, shall take and subscribe to the following oath or affirmation:

    “I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States, and the Constitution of the State of Hawaii, and that I will faithfully discharge my duties as …………………… to best of my ability.”

    As used in this section, “eligible public officers” means the governor, the lieutenant governor, the members of both houses of the legislature, the members of the board of education, the members of the national guard, State or county employees who possess police powers, district court judges, and all those whose appointment requires the consent of the senate. [Ren and am Const Con 1978 and election Nov 7, 1978; am SB 1440 (1992) and election Nov 3, 1992]

    Attorney General Opinions

    Elfbrandt v. Russell, 384 U.S. 11, 86 S. Ct. 1238, does not invalidate the oath of office. Att. Gen. Op. 66-18.
    When board of education members can assume official duties. Att. Gen. Op. 86-21.

  • al March 8, 2019, 9:23 am

    The only “debate” is among those who are of minor intellect, and haven’t read the Federalist and anti Federalist papers.
    In other words, idiots.

  • Robert Ecklund March 8, 2019, 9:18 am

    This flies directly in the face of the SCOTUS ruling in District of Columbia v. Heller, 554 U.S. 570 (2008)

    The Supreme Court of the United States held that the Second Amendment protects an individual’s right to possess a firearm, unconnected with service in a militia,

  • G March 8, 2019, 8:50 am

    https://www.law.cornell.edu/wex/second_amendment

    What no one has ever done in these cases that have gone before the SC, is to look at the base intention of those who oppose the 2A. Their collective idea is based on collective control with no individual liberty. That in itself, through the body of law, the intent of the Bill of Rights and Constitution as a whole, is to preserve individual civil liberties through restriction of centralized power.

  • MJB March 8, 2019, 8:42 am

    Did you ever notice the further west you go the crazier the people hence the term crazycrat which is how I will refer to the democrat party from now on.

  • BILL March 8, 2019, 8:37 am

    To even work on such legislation is an Act of Treason. These people were to be tried, and if found guilty, then hanged. They sworn an oath for life to preserve and protect the Constitution ” without mental reservation or purpose of evasion”. That clause was specifically put in the oath to ensnare those violators of Treason. Throw these pukes in jail now. You can’t do what these Senators are trying to do, and you can’t vote to evade or violate the 2nd Amendment.

  • Clint W. March 8, 2019, 8:33 am

    In the 20th Century, Joseph Stalin sent agitators to the US to instigate and spy. The unionization of the textile industry in the South in that era was run by the Communist Party as reported in the news, and investigations revealed its tentacles of control connected to a NYC based operation. FDR embraced Russia and Stalin, totally based on the reporting of Walter Duranty of the New York Times, a womanizing drunk that Stalin provided women and vodka in exchange for a glowing report. His stories were a series of outright lies on the conditions in Russia, and Stalin as a leader. Duranty was found out in the early 60’s to have been making it all up. In the 1950’s, Joseph McCarthy was lambasted in the press as on a witch hunt because he found a Communist under every rock. In the 60’s again, LBJ and the Democrats opened the floodgates on immigration, which had been stagnant since the 1920’s, with the express desire that these new immigrants would become supporters of Democrats and their goals. Nikita Khrushchev told the Politburo that Russia did not need to attack the US, we would destroy ourselves from within, and Russia would sell us the rope. This type of legislation will be stopped right now, but the Democrat party will continue to hammer away until it does pass as other freedom killing laws work their way through, and more and more illegals and stupid American put more of them in power. The hate speech law, ready for a vote right now, will turn out to be a major vocal freedom restriction law against the First Amendment guidelines. The embodiment of the US in its freedoms and Constitution is standing on the gallows trap door, a rope supplied from Chinese importers, not Russian, with Democrats and their supporters, including some Republicans pushing on the handle. Remember Martin Niemoller and his poem before it gets put on the modern Democrats book burning pyre. Joe McCarthy was right after all.

    • Roger Bryant March 8, 2019, 11:21 am

      I am 78 years old and have witnessed everything you wrote about unfold. What you write about occurred exactly as you said it did. Unfortunately, most of us will not learn from history, and are doomed to repeat it!

  • DennisH March 8, 2019, 8:28 am

    How to get rid of Hawaii as a State is the question! It would be awesome to repeal the “Hawaii Admission Act”. (wishful thinking. 🙁 Historically it was once a part of the Polynesian Islands. I say give it back to them! The politicians there always seem to have a problem with the Constitution of the original colonies in North America. “In March 1959, both houses of Congress passed the Hawaii Admission Act and U.S. President Dwight D. Eisenhower signed it into law.”

  • CountryBoy March 8, 2019, 8:25 am

    Democrats and the Elitists will DISARM American Citizen any chance that they get…..

    How UnAmerican of them…..

  • MagnumP March 8, 2019, 8:24 am

    The primary purpose of the 2A isn’t the right to keep and bear arms, it’s to ensure the security of a free state. So who determines if a state is free? Certainly not the government, because all tyrannical governments will tell their people that they are free, with common sense restrictions. NK, Cuba, Venezuela, et el, will tell their people they are free, with common sense restrictions. So clearly the idea of ensuring a free state lies with the people, not the government, and therefore the right to keep and bear arms can only have been intended to guarantee the people will never be outgunned by their own government. The 2A has to be an individual right, or it would be completely meaningless to have the 2A. Non-thinking democrats are not able to see the logic and wisdom in the 2A.

  • Magnum March 8, 2019, 8:19 am

    The primary purpose of the 2A isn’t the right to keep and bear arms, it’s to ensure the security of a free state. So who determines if a state is free? Certainly not the government, because all tyrannical governments will tell their people that they are free, with common sense restrictions. NK, Cuba, Venezuela, et el, will tell their people they are free, with common sense restrictions. So clearly the idea of ensuring a free state lies with the people, not the government, and therefore the right to keep and bear arms can only have been intended to guarantee the people will never be outgunned by their own government. The 2A has to be an individual right, or it would be completely meaningless to have the 2A. Non-thinking democrats are not able to see the logic and wisdom in the 2A.

  • Scott K March 8, 2019, 8:10 am

    One way to respond to this would be to boycott Hawaii as your vacation spot. It would devastate there economy.

    • David Welsh March 8, 2019, 9:39 am

      They have been on my crap list for some time.

  • stuntdeacons March 8, 2019, 8:09 am

    last i checked there were 2 senators per state, where’d the other 3 come from?

    Also, how many mass shootings has anyone heard about over there?

    This crap always happens right before an election, so the Dems can say they are doing something thats good for the people, but big government loves itself to much to do any good.

    • DennisH March 8, 2019, 8:33 am

      They are ‘state’ senators contacting the US Congress, which I am sure that the lefties would love to get their dirty hands on it and re-introduce it as a HR!

    • MJB March 8, 2019, 8:44 am

      These are state senators not U. S.

    • Paul March 8, 2019, 10:07 am

      My guess is these Senators are State Senators and not Federal Senators. They cannot overrule The Constitution. Therefore they cannot change the Constitution. It is still the law of the Land.
      Where do they get the dummy people?

  • Earl Haehl March 8, 2019, 8:02 am

    One of the problems of Miller is that it strings together a number of ideas, finally arriving at the concept that the 34 Act is an exercise of the Excise Power. It ignores the congressional arguments in regard to crime prevention and public safety discussed in the congressional debates. The other test the court engaged in was the military utility test–the bogus argument that shotguns have no military utility. Note that Jack M iller was not represented at the Court.

    • James March 8, 2019, 9:04 am

      Pump shotguns were used very effectively in the jungles of Vietnam and in the revolution, so to say that “shot guns have no military utility” is ludicrous.

    • Alex Zermeno March 8, 2019, 6:16 pm

      It also ignores the fact that you can’t tax a fundamental right. It’s ok to TAX a firearm or estra tax an NFA firearm, but you can’t charge a poll tax to vote? They can tax a firearm purchase, they can’t tax an application for a transfer of a firearm, also the way the NFA is administered its not a tax ITS A BACKGROUND CHECK AND APPROVAL PROCESS NOT A TAX, if it were merely a TAX you could go buy the $200 stamp at the post office like a duck stamp. THEY WONT SELL YOU THE STAMP UNLESS THEY APPROVE THE TRANSFER, so its not a tax. Its a transfer approval process, not a tax.

  • Jay March 8, 2019, 7:44 am

    Since when did government and or the Constitution give rights? They do not and can not! The Constitution as made forth by the ninth amendment,”The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” tells that any and all government that “We The People” allow it to exist can not touch these rights given by nature of liberty itself, being human and by God! We The People need to stop this over powering of all of us before it’s too late to do anything!

  • srsquidizen March 8, 2019, 7:37 am

    This from the people who want to make free speech a “collective” right belonging only to liberal, progressive and socialist groups. Thank God our Constitution was also written so that watering down or removing any right would be very difficult. Reducing our rights lawfully and peacefully by the method prescribed in the Constitution is not easy… and stopping it from happening the other way is exactly WHY we have 2A!

    Prohibition and its repeal should stand as an example. It was the only instance where America attempted to make the Constitution a social worker by taking away what many saw as a right of personal choice and trying to make us behave the way certain do-gooders thought we should. As we all know, it failed miserably.

  • Stephen Marc Bastian March 8, 2019, 7:32 am

    has anyone told MS-13 and other drug and terrorist gangs yet about the proposed repeal of the 2nd Amendment? I’m sure they will be giddy with anticipation

  • HR March 8, 2019, 7:23 am

    When will people understand that the right to self-defense is a natural human right and the Constitution does not grant that right? By repealing the second ammendment, the government would be choosing for you – prescribing the methods they feel are suitable for self-defense. Meanwhile, they’d like to lower the voting age to 16 and raise the age to purchase or possess a firearm to 21. It seems they’re all about promoting and protecting rights that suit their values and agenda while crushing others they don’t see fit or worthy. That’s not a collective society. That’s not a representative government. They’re not for all. They’re for cronies, friends and associates and screw the rest.

  • Steve Jackson March 8, 2019, 7:14 am

    Just cancelled my family’s 14 day trip to Hawaii about 2 hours ago. Hawaii and all of the other commitments states can kiss my ass. Former USMC and recently retired FED LEO.

    • Penrod March 8, 2019, 1:49 pm

      Good for you! It would help even more if you sent a polite letter explaining that to the Hawaii Tourism Board, with a copy to Governor David Ige.

      We live in Honolulu, and are planning to move to the Mainland next year, in large part because I can’t stand the gut level control freak culture here.

      The gun controls here are overwhelming, but they are only one of many symptoms of the cultural compulsion to control every aspect of life, and that isn’t going to change.

      Every decision which ought to be up to an adult to make, has been made for us by the Hawaii Democrats. Want to buy your spouse a glass of wine at the same time you buy yourself a drink? Nope: the Legislature has already made that decision, and it is no. We must make two trips to the bar, even in a private club, because Democrats have decided for us that two at a time requires greater responsibility than adult Americans are capable of.

      Add that compulsion to control every aspect of life to a remarkably high tolerance for utter incompetence, and you get Hawaii.

      None of that is going to change: it is too deeply engrained in Hawaii culture. There is no reason to spend your holiday money here. Spend it somewhere where the people value freedom from the control freaks.

      I hope you take the time to tell the Hawaii Democrats about your decision, though.

    • Penrod March 8, 2019, 2:05 pm

      PS: as a retired Fed LEO you have the right under LEOSA to carry a concealed weapon while visiting other states. You might be interested to find out what our control freaks in the Legislature demand you do in order to do that. I sent the law to a friend, a recently retired LACS seargent, and he opined that he would never vacation here, sent it to some other retirees, who also all opined that Hawaii would never see any of their vacation dollars.

      Here is a link to the ten page form you would have to fill out, and please note that you would be required to register your gun with the county police chief of each island you visit.
      http://ag.hawaii.gov/cjd/law-enforcement-index-page/

      That, of course, requires you to be fingerprinted, photographed, and sign a medical release for all of your medical records, just like when begging the Chief’s permission to acquire a gun.

  • Gary March 8, 2019, 7:07 am

    Lol ok. Go ahead and try. I’m sure you will get an interesting response from the legal gun owners, military, police force, etc. when it comes to enacting on it if by some miracle this is set into place. Just keep smacking sleeping dogs in the face and see what happens when it finally gets sick of it and stands up.

  • Anthony Romano March 8, 2019, 6:59 am

    I’ve long wanted to go to Hawaii for a vacation, NO MORE!! I will not spend a penny to go to that anti-gun State! Looks like Arizona here I come!

    • Rouge1 March 8, 2019, 10:27 am

      Constitutional carry baby.

  • Rob March 8, 2019, 6:55 am

    If dems ever eliminate the 2nd amendment; they’ll start another revolutionary war.

  • billt March 8, 2019, 6:50 am

    This has nothing to do with guns, and everything to do with CONTROL.

    • Frankie March 8, 2019, 7:41 am

      Absolutely right!

  • Chris March 8, 2019, 6:49 am

    Rights don’t come from the Constitution. The Constitution just RECOGNIZES or makes note of certain facts pertaining to our rights. In this instance, the 2nd Amendment doesn’t grant anything, it just notes the fact that our pre-existing rights pertaining to keep and bear arms shall not be infringed.

    If the 2nd amendment was repealed, it would do nothing to diminish our already existing right to keep and bear arms… This would be no different than removing from a geology book that the earth is round. It would be entirely inconsequential to the fact that it is actually round and just removing references from the book that it’s round doesn’t make it some other shape. Or even if it said the earth is a triangle, it still would be irrelevant because it would still be round. That’s how dumb these politicians are.

    And sometimes it becomes necessary to use the 2nd amendment for what it’s intended purpose is for. Just saying.

  • Leighton Cavendish March 8, 2019, 6:47 am

    Clearly says “right of the people”…and is embedded in all those other personal rights…hmmm

  • Michael Boyd March 8, 2019, 6:36 am

    The 18th amendment was repealed by the 21st amendment so I think the Enemies of the People might be able to try it, but then I think it would have to be ratified by 3/4 of the states.

  • Tom Harvey March 8, 2019, 6:16 am

    I will do what I can to keep my recreation and vacation dollars and spend them in more 2nd amendment friendly states.

    • steve March 8, 2019, 6:52 am

      We already do that. I don’t vacation in States that are less friendly than where I live. They also must offer reciprocity to my CHP, or I don’t go.

      Another thing I do that makes it a little easier to select which firearm to purchase. I put together a list of what I’m interested in buying, and bump it up against the lists of guns that are illegal in NY & CA (former NYer here), and make my selection from that subset.

      • Wes benscoter March 8, 2019, 2:38 pm

        Same here. I was born in Hawaii but left at age 2 and always wanted to go visit. Not anymore, wouldn’t go even if it was free. Way I see it, if I want to see Hawaii nowadays, I’ll just look in a gas station toilet. It’ll at least represent the terrorist government there although it’s an insult to what’s in the toilet lol

  • Z March 8, 2019, 5:59 am

    Clearly Communist Movement coming straight from China !!!
    Then Hawaii, California, Oregon, Washington, Mechico ….

  • Norman Dvorak March 8, 2019, 5:45 am

    SHALL NOT BE INFRINGED. Just how hard is it to understand these 4 words? Any idiot would understand what they mean. The 2nd Amendment cannot be appealed, amended or removed from our Constitution’s Bill of Rights. There can be no law enacted that infringes on the 2nd Amendment or the Citizens of the United State’s rights to bear arms. Also to me it means to me that it should be illegal for anyone to even attempt to appeal, amend or remove the 2nd Amendment from our Constitution’s Bill of Rights. The 2nd Amendment belongs to the Citizens of the United States and we like it just the way it is written and do not want anyone messing with it.

    • Nick T March 8, 2019, 9:48 am

      You should read the proposal to repeal the 2nd. It is based on the so-called pro-2nd communities parsing, incorrectly, of the amendment, and the twisting of the Miller courts words.
      If the pro-2nd community took up the amendment as it was intended, we would have won the argument long ago. It was, as the Miller court opined, “With obvious purpose to assure the continuation and render possible the effectiveness of such forces, the declaration and guarantee of the Second Amendment were made.”
      Militia is defined in the terms of what the Framers knew, and understood; “the whole people.” Since the pro-2nd community disparages the Law of the Land as the Framers wrote it, our ignorance on the subject is being used against us.

  • James Rosa March 8, 2019, 5:42 am

    Please remember there are thousands of us gun owners here in Hawaii that support the 2nd Amendment 100%. We battle the people from California living here on Gun Rights everyday, yet because they outnumber us these communist representatives are elected the same way Obama was elected. Just three weeks ago our over 700 testimonies against more gun laws were omitted by the legislative branch before the hearing, which just goes to show you how corrupt the elected Hawaii officials are that we gun owners have to deal with everyday of our lives. For this very reason I continue to sell AR15 rifles for $399.00 to enable the people of Hawaii to exercise their 2nd Amendment Right. Please don’t judge all of us in Hawaii since we didn’t judge the rest of the country when communist Obama was elected. We are waiting for our Great President Trump to assist the gun owners in Hawaii in making conceal carry legal in all 50 states of this GREAT COUNTRY. GOD BLESS AMERICA. James Rosa owner of Rosa’s Arms, LLC

    • Old OutdoorsGuy March 8, 2019, 6:33 pm

      Mr. Rosa, I located your building in Kapaa, a 2 tone brown single wide on blocks in a rather industrial looking area with long buildings with only overhead garage doors for entrances, and I was wondering how you attract business in an area so removed from the so called normal “business” area of a town?? And how many years have you been in the retail firearms business specifically, I noticed the other businesses you have operated, so I was wondering if you have always offered arms sales from that location or is that business the very latest in the string of businesses you have ventured into as a businessman?

      I ask these questions in order to get an idea of how long you and your customers have been struggling with the government factions, on the island, with operating a retail firearms business? You struck me as a very dedicated man and a member of the minority when it comes to the Rights of the People and 2nd Amendment rights specifically. I was also impressed with the fact that you have mentioned Davidson’s Arms as your sole manufacturer/distributor for your firearms. I am quite familiar with the “Davidson’s Difference” philosophy, one distributor for almost every brand of firearm known to mortal man with a lifetime Davidson guarantee, that’s picking a winner for the obvious situation you have faced for however many years you have had your dealer’s license to sell firearms.

      It appears that your island is the furthest west of the Hawai’ian chain, so do you somehow attract customers from the other islands? I wondered about the relative space of the islands from each other and whether there is inter-island commerce for businesses to attract?

      I have more questions than they will probably allow on this message board so I will close by saying I wish you the very best in your business and hope that one day you will see some of the Bureaucratic BS dropped from your local business environment and you continue to prosper with relative ease. It surely cannot be an easy task trying to operate any kind of business from one island to another even with the modern methods of travel, communicating with other islands, and delivering sold products. Then toss in having the hindrance of political groups with self serving agendas trying to derail you at each step of the process and you have quite a complicated ballgame to play out there in the middle of all that water!!

  • Chick March 8, 2019, 5:15 am

    The 2nd Amendment is an Individual Right, just like all the others in the Bill of Rights, you bunch of Hawaiian idiots. Don’t they teach school over there?

  • GARY T NEILSON JR March 8, 2019, 4:48 am

    They are not dems. Dems are gone. They are legitimate socialists. They will tell you how you will live….

  • GARY T NEILSON JR March 8, 2019, 4:44 am

    The SOCIALISTS are coming and its not just your guns they want…

  • Brian Hart March 8, 2019, 4:37 am

    So, we should start forming citizen militias, to protect the rights of the people?

    • Michael Boyd March 8, 2019, 6:29 am

      What good would that do? If they (the enemies of people) say the right is a collective then they will say that the collective can bear arms only when assembled, but individually, no. I think that is basically how the our armed service operate.

  • Randy Rowley March 8, 2019, 4:25 am

    It’s time to disinvite Hawaii from the union – it’s over priced anyway. We can add Puerto Rico to get back to an even 50.

    • shrugger March 8, 2019, 8:04 am

      PR is MUCH worse than HI

  • Achmedicus March 8, 2019, 4:05 am

    I say we repeal Hawaii statehood, let them fend for themselves!

  • Brad March 8, 2019, 3:38 am

    Perhaps it is time to reconsider whether Hawaii should be a state in the USA. It’s little more than a territory with a different culture and anti-American sentiments.

  • Poggy March 8, 2019, 3:24 am

    Already decided by SCOTUS that it is an individual right.

    Who elects these communist fools?

  • BUURGA March 8, 2019, 3:17 am

    That state has acted like it is an independent nation for years when it comes to 2A……much like California.

  • steve stevens March 7, 2019, 7:52 pm

    SOOOO what difference does it make???

    • George Orwell, 1984 March 8, 2019, 4:07 am

      I don’t understand your inability to be able to think of the consequences if your ability to defend yourself with deadly force from a firearm is taken away……but I admire your ability to raise your arms and be marched into a death camp, worked and starved to death…or gassed…and then consumed in a fiery funerary. Sooooo…..what difference does it make? Ask the surviving Jews if the Nazi’s would have been able to gather them all up (the Nazi’s had all of the guns) if the Jews had all been armed.

      • Tony S March 8, 2019, 4:55 am

        Taken away? From my cold dead hands?

  • Dilligaf March 7, 2019, 4:47 pm

    If these anti-American liberal cowards want to repeal the 2nd Amendment, I would like the first amendment repealed as well. That way these douchebags wont have a voice in all their anti-American liberal BS they like to poison the country with

  • Mike V March 7, 2019, 4:22 pm

    A collective right to keep and bear arms is useful how?

    Oh yeah, because the collective is the government, only they can be trusted.

    • Jones March 8, 2019, 3:15 am

      Funny how they feel the only ones to be trusted with firearms is the government , even after their former police chief and numerous other officials are being outed for corruption…

    • NightStryke 1 March 8, 2019, 3:44 am

      Right and remember the Militia was the Government giving itself the Right to have a Military because again only they can be trusted.

    • Nick T March 8, 2019, 9:56 am

      The collective is misinterpreted as being the military, as opposed to Militia, which is “the whole people” as citizen soldiers.
      Militia is actually one of the branches that is controlled by the People, just as the grand, and petit jury’s were meant to be. The issue is that we abdicated our duty to protect the polity as was required.
      Militia is all the people with the authority “to execute the Laws of the Union”. Certainly with such power, I’m perplexed as to comprehend how anyone takes that to mean that the body of the People are required to follow an order that is unconstitutional, and in any-way-shape-or-form infringes on any right, of any purpose. No, it is just the opposite. With such power, it is within the authority to arrest those who make such a command.

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