Prosecution appeals ruling to dismiss gun charges against man
WAILUKU — Proceedings have been suspended in the criminal case against a man who had a gun when he was arrested on a trespassing charge, while the prosecution appeals a judge’s ruling that dismissed firearm charges.
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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.”
Based on a U.S. Supreme Court ruling in June, the right to carry and bear firearms for self-defense extends outside the home, according to the ruling.
The ruling said the charges that were dismissed infringed on Wilson’s “constitutional right to bear and carry a firearm for self-defense purposes.”
The prosecution argued that Second Amendment rights weren’t infringed on by a state requirement that people obtain a license before carrying a firearm in public.
While the prosecution appeals the ruling, Wilson’s trial is on hold for the remaining misdemeanor charges alleging he didn’t obtain a permit to acquire a firearm and first-degree criminal trespassing.
