Hawaii Court Dismisses Two Firearms Charges because of Supreme Court Bruen Decision

On December 6, 2017, about an hour before midnight, Maui police were called about suspected trespassers on a trail controlled by Flyin Hawaii Zip Lines.

The police did not explore the trail or look for trespassers. They waited for the owner of Flyin Hawaii Zip Lines, armed with an AR15 style rifle, to search the trail and locate those accused of trespassing.  From an August 22, 2022 article in Mauinews.com:

Wilson, 46, had faced the felony charge of keeping a firearm in an improper place and the misdemeanor charge of keeping ammunition in an improper place after he was arrested Dec. 7, 2017.

Police were called after the owner of Flyin Hawaii Zip Lines in the West Maui Mountains was alerted at 11 p.m. Dec. 6, 2017, that trespassers had entered the property, according to information in court records.

Police waited on the roadside while the owner, who was armed with an AR-15 assault rifle, and an employee located three hikers who told police they were hiking to look at the moon and native plants, according to the information.

On December 6-7, 2017, the moon was nearly full.

Upon information from the accused trespassers, the owner and an employee searched again and brought out Christopher Wilson. Wilson told police he had a .22 caliber handgun in his waistband. Wilson was arrested in the early morning hours on Pearl Harbor Day, December 7, 2017.

On August 17, 2022, over four years and eight months later, the trial judge, Kirsten Hamman, dismissed the felony charge for keeping a firearm in an improper place and the misdemeanor charge of keeping ammunition in an improper place, citing the June 22, 2022, Supreme Court decision in Bruen.

An inquiry to the public defender, about what motions might have kept the case from trial, did not receive a reply in time for this writing. From an October 19, 2022 article in Mauinews.com:

After a hiker said others might be on the private trail, the owner went back to search and returned about 10 minutes later with Wilson, who
told police he had a handgun in his front waistband that he was carrying for self-defense, according to the court information.

Police reported recovering a .22-caliber handgun loaded with a 10-round magazine.

In an Aug. 17 ruling, 2nd Circuit Judge Kirstin Hamman granted a defense request to dismiss the two charges.

The ruling said Wilson “was carrying the firearm on the trail for self-defense purposes — conduct protected by the Second Amendment.”

Judge Kirsten Hamman, Hawaii, assumed office October 29, 2021, less than a year before the Second Amendment claim was made, and more than three years after the alleged offense occurred.

Here is the oath of office for Hawaii officeholder, which applies to Judge Kirsten. Hawaii oath of office:

"I,..............., do solemnly swear and declare, on oath that if elected to office I will support and defend the Constitution and laws of the United States of America, and the Constitution and laws of the State of Hawaii, and will bear true faith and allegiance to the same; that if elected I will
faithfully discharge my duties as.....(name of office)...............to the best of my ability; that I take this obligation freely, without any mental reservation or purpose of evasion; So help me God."

On September 22, 2022, Maui County Prosecutor Richard Rost appealed the decision. From postuszero.com:

Maui County Assistant District Attorney Richard Rost appealed the dismissal to the Intermediate Court of Appeals on September 22.

In the same article, the public defender for Wilson, Ben Lowenthal, makes an unusual claim. He seems to suggest prosecutors should drop the case because it may be a good test case to restore rights protected by the Second Amendment:

 “Mr. Wilson’s constitutional rights to keep and bear arms in self-defense extend beyond the home. Maui prosecutors seem eager to explore and uncover the contours of this right. They risk a flood of constitutional challenges around the state that could repeal our gun laws and make us all less safe,” he said.

Ben Lowenthal appears to lean left. In 2020, he was one of the finalists on a short list to be appointed to the Hawaii Supreme Court.

Christopher Wilson still faces misdemeanor charges of first degree criminal trespass and failure to obtain a permit to acquire a firearm.

Hawaii has some of the most restrictive firearm laws in the USA. The requirements for carry permits are already under judicial scrutiny.

Numerous restrictive firearms laws are being challenged across the United States. The Bruen decision by the Supreme Court shows the way for courts to restore rights protected by the Second Amendment.

A challenge to the requirement to obtain a permit in order to acquire a firearm is in process in Maryland in the Fourth Circuit Court of Appeals.

A related case exists in Illinois, where a challenge to the Firearms Owners IDentification card (FOID) is ongoing.

©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch