12-24-2008, 08:50 AM
Thank you Carol, you are absolutely right and I'm glad someone finally pointed out the elephant in the room.
The fact is, Tom's purpose in this whole exercise is very clear to me. And, while it's not something I'd want to take on, some one is going to, and they're going to win. In some sense, I certainly laud it.
Hawaii's gun laws are clearly, in light of the Federal court rulings of last summer, clearly illegally restrictive. Remember, the context of "bearing arms" was Washington DC., and there's nothing on the Big Island that is remotely that urban of a context. You don't have to agree with the constitutional right to keep and bear arms, but a right it is, and it's a fact. Short of re-writing the constitution, it will remain as it is.
There is, I'm sure, a movement to contest these laws. You can be well sure that local police are aware of the issue and will treat issues like Tom's big-game hunting with kid gloves. They are undoubtedly in a difficult position. I'm certain that they will have instructions to not make arrests, as the local PD, even the state, isn't in a position at this moment to have Hawaii's gun laws ruled unconstitutional, nor bear the burden of the litigation involved. The result will be as we see--a quasi legal situation that I'm afraid will have ill effects.
So, there you go. This is why I believe aggressively advocating personal responsibility and a sensible non-dogmatic on all parts is probably the most constructive thing we can do concerning the issue.
The fact is, Tom's purpose in this whole exercise is very clear to me. And, while it's not something I'd want to take on, some one is going to, and they're going to win. In some sense, I certainly laud it.
Hawaii's gun laws are clearly, in light of the Federal court rulings of last summer, clearly illegally restrictive. Remember, the context of "bearing arms" was Washington DC., and there's nothing on the Big Island that is remotely that urban of a context. You don't have to agree with the constitutional right to keep and bear arms, but a right it is, and it's a fact. Short of re-writing the constitution, it will remain as it is.
There is, I'm sure, a movement to contest these laws. You can be well sure that local police are aware of the issue and will treat issues like Tom's big-game hunting with kid gloves. They are undoubtedly in a difficult position. I'm certain that they will have instructions to not make arrests, as the local PD, even the state, isn't in a position at this moment to have Hawaii's gun laws ruled unconstitutional, nor bear the burden of the litigation involved. The result will be as we see--a quasi legal situation that I'm afraid will have ill effects.
So, there you go. This is why I believe aggressively advocating personal responsibility and a sensible non-dogmatic on all parts is probably the most constructive thing we can do concerning the issue.