A federal judge has blocked the state of Hawaii from enforcing a recently enacted ban on firearms on its prized beaches and in other areas including banks, bars and parks, citing last year's landmark U.S. Supreme Court ruling expanding gun rights.

A federal judge has blocked the state of Hawaii from enforcing a recently enacted ban on firearms on its prized beaches and in other areas including banks, bars and parks, citing last year’s landmark U.S. Supreme Court ruling expanding gun rights.

  • Zaktor@lemmy.world
    1·
    1 year ago

    Militias aren’t government controlled. That’s the whole damn point. You regulate them if they’re doing dangerous stuff like practicing next to a school, but you can’t do things that are effectively preventing them from existing.

    For your questions on hunters and ownership and whatever, there’s a difference between constitutionally protected and legal. States can say hunting with guns of various types (you’ll note there are restrictions). You don’t need the constitution to make something legal and it not being constitutionally protected doesn’t make it illegal. States can legalize or restrict firearms for anything that does not prevent the citizenry from forming a well-regulated militia. Having your guns locked up and disassembled when not in use in training doesn’t prevent you from forming an effective(-ish) militia so DC vs. Heller was badly decided (5-4! it was a contentious decision split along political lines).

    All the other weapons are arms too and if owned for the purpose of militia service, should be legal. If not, states can decide which weapons are appropriate for which purposes. Texas can decide cowboys were super cool and everyone should have a mandatory six shooter while peaceful Hawaii can decide guns are good for hunting pigs and bad for going to the beach. And if we decide we want to change one or the other, that’s our business, because the government can regulate things that don’t involve preventing the citizenry from rising up against it.

    • Narauko@lemmy.world
      1·
      1 year ago

      Now that is a very interesting idea, I’ve never heard anyone claim that militias are independent private armies not subject to government control. The militia exists purely for the government to mobilize in times of disaster or war, be it state or federal, as outlined in Title 10 Chapter 12 of the US Code. The National Guard and Naval militia are the standing, organized militia. All able bodied men age 17 to 45 are considered part of the unorganized militia, and subject to being called upon by the government through selective service. All or nearly all 50 states have explicit laws banning private citizen militias and/or paramilitary organizations, which as been affirmed at least twice by the supreme court and as recently as 2008. Any overthrow of the government that no longer is of and by the people would be carried out by the people in general, not a militia or any defined organization.

      I think I see your point one constitutionality vs legality, though I would say that all law stems from the powers granted by the constitution and thus are intrinsically linked. If something is enumerated in the constitution, it does not fall to the states to manage in my opinion, as the states only get the “everything not outlined” to legislate in my opinion.

      I appreciate your viewpoint on this, thank you for engaging with me on this topic. I may fundamentally disagree with your conclusions, but I can see where you’re coming from now I think and this has been very enlightening.