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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.
The dismissed charges against Christopher Wilson, 46, of Paia alleged he kept a firearm in an improper place and kept ammunition in an improper place in connection with his arrest Dec. 7, 2017.
Police were called after the owner of Flyin Hawaii Zipline 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.
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."
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.
* Lila Fujimoto can be reached at lfujimoto@mauinews.com.