This kind of stuff is absolutely hilarious to legal nerds.
I guess I really don't understand...
She says this phrase so much. 😂
I thought the Black Codes were being offered here under the Bruen test to determine the constitutionality of this regulation. And it's because we have a test that asks us to look at the history and tradition.
I never expected KBJ to go full Dave Chappelle...
Here's what happening for the non-nerds:
Hawaii now has a ban on carrying handguns on private property that is open to the public.
This would essentially include every business, everywhere, effectively making it illegal to carry a gun anywhere but your own house, car, or the sidewalk.
The law is called the "vampire rule" because you have to get explicit consent to enter any property while armed (bad guys won't follow this rule).
The Supreme Court is hearing a challenge to that stupid law (Wolford v. Lopez). Justice Alito told the lawyer representing Hawaii, "You're just relegating the Second Amendment to second-class status. I don't see how you can get away from that."
KBJ, who hates the 2A and has no idea how guns work, decided to go full retard to defend Hawaii.
KBJ cited post-Civil War laws (Black Codes) that disarmed freed blacks.
She then connected this to the landmark 2022 case Bruen, which banned states from requiring concealed carry applicants to provide government-approved explanations for why they want to carry a pistol. KBJ does not like Bruen.
Bruen decided that new gun laws must stay within the realm of "historical tradition of firearm regulation." That is, you can have gun control laws, but they must be in line with the spirit and the letter of the law going back to what the Founders intended.
KBJ is ultimately trying to prove that the Bruen decision is dumb and Hawaiian gun control is smart, but in doing so, she had to justify racist laws from the 1860s.
If you need a historical comparison, imagine if KBJ were German and was arguing that we need gun control in Germany today because it's important to honor the "historical tradition" of the Nazis. 😂
Alito saw the irony:
Stay classy, KBJ!
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