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HAWAII SUPREME COURT REFERENCES “THE WIRE” IN GUN RIGHTS RULING: “THE THING
ABOUT THE OLD DAYS, THEY THE OLD DAYS”

By

Richard Rosales

Published

19 hours ago
   
   
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Credits: WTTW News

The recent decision by the Hawaii Supreme Court, asserting that individuals can
be prosecuted for carrying guns in public without a permit, incorporates an
unconventional reference to the crime-drama TV series “The Wire” and embraces
the “spirit of Aloha” in what seems to be a critique of a U.S. Supreme Court
ruling that expanded gun rights across the nation.

In a unanimous ruling issued on Wednesday, the Hawaii Supreme Court challenged
the notion that cultural norms from the country’s founding era should dictate
contemporary life.



Quoting a line from season four, episode three of HBO’s “The Wire” – “The thing
about the old days, they the old days” – the 53-page opinion argues against
pledging allegiance to outdated cultural, legal, and constitutional
perspectives.

Gun Rights Ruling (Credits: NBC 5 Dallas-Fort Worth)

Authored by Justice Todd Eddins, the opinion contends, “As the world turns, it
makes no sense for contemporary society to pledge allegiance to the founding
era’s culture, realities, laws, and understanding of the Constitution,” before
referencing the popular TV series.

The court ruling is a response to a 2017 case involving Christopher Wilson, who
was found with a loaded pistol in his front waistband when police were called to
a Maui property where a landowner reported seeing a group of men at night.



The handgun was unregistered in Hawaii, and Wilson had not acquired a permit for
ownership. Despite legally purchasing the gun in Florida in 2013, Wilson faced
charges of firearm possession. Initially, Wilson’s motion to dismiss the charges
based on his Second Amendment right to bear arms was denied.

However, following the 2022 U.S. Supreme Court decision, known as New York State
Rifle & Pistol Association v. Bruen, which had significant implications for gun
laws nationwide, Wilson filed a second motion to dismiss. This motion was
granted, prompting the state to appeal.

The Hawaii Supreme Court’s ruling suggests that the “spirit of Aloha” conflicts
with a federally mandated lifestyle, allowing citizens to carry deadly weapons
in day-to-day activities.

Hawaii, known for having stringent gun laws and low rates of gun violence, faces
a legal debate over the balance between historical interpretations of the Second
Amendment and contemporary societal values.

Ben Lowenthal, representing Wilson from the Hawaii public defender’s office,
expressed that they are assessing their options, including potential review by
the U.S. Supreme Court. The case adds a unique dimension to the ongoing
discourse surrounding gun rights and the evolving interpretation of
constitutional principles.

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