Young v. State of Hawaii (Read 124195 times)

newowner

Re: Update Young v. State of Hawaii
« Reply #120 on: July 24, 2018, 06:33:11 PM »
So, if Hawaii State law is unconstitutional in regards to the regulation of open carry, what other law besides the Hawaii State Constitution would regulate open carry?  I see some people trying to be funny about saying "Don't do it," but why can't we open carry?  I skimmed through the ruling, but I didn't see anything about the ruling not taking effect.

A sincere and informed answer would be much appreciated!

Much Mahalo!  :shaka:

rklapp

Re: Update Young v. State of Hawaii
« Reply #121 on: July 24, 2018, 06:45:54 PM »
There will probably be an appeal and restriction. I guess you could try if you want to be on the news tonight.
Yahh! Freedom and justice shall always prevail over tyranny, Babysitter Girl!
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Flapp_Jackson

Re: Update Young v. State of Hawaii
« Reply #122 on: July 24, 2018, 06:47:13 PM »
So, if Hawaii State law is unconstitutional in regards to the regulation of open carry, what other law besides the Hawaii State Constitution would regulate open carry?  I see some people trying to be funny about saying "Don't do it," but why can't we open carry?  I skimmed through the ruling, but I didn't see anything about the ruling not taking effect.

A sincere and informed answer would be much appreciated!

Much Mahalo!  :shaka:

I didn't read the whole thing, but did the ruling say anything like issuing an injunction against HI law re: open carry?  If not, then the law still applies until the state responds.
« Last Edit: July 24, 2018, 07:23:11 PM by Flapp_Jackson »
"How can you diagnose someone with an obsessive-compulsive disorder
and then act as though I had some choice about barging in?"
-- Melvin Udall

newowner

Re: Update Young v. State of Hawaii
« Reply #123 on: July 24, 2018, 06:51:09 PM »
According to Charles Nichols of CA Right to Carry:

"Because Mr. Young did not challenge the license requirement and because he did not adequately raise a challenge to the long gun Open Carry bans, you will need a license to openly carry a handgun, and only a handgun, in Hawaii once the Mandate in Young v. Hawaii issues.  When, and if, the Mandate issues depends entirely on whether or not the decision is reheard before an en banc court."

I sent an email to him and he responded quickly.

http://blog.californiarighttocarry.org/?page_id=846

6716J

Re: Update Young v. State of Hawaii
« Reply #124 on: July 24, 2018, 06:54:19 PM »
It's been remanded back to the county so it is still in effect until the State drops the case, appeals it or the 9th goes on it's own for a full panel hearing

I didn't read the whole thing, but did the ruling say anything like issuing an injunction against HI law re: open carry?  If not, then the law still applies until the stat responds.


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I'd rather have a bottle in front of me, than a frontal lobotomy.

Aloha808

Re: Update Young v. State of Hawaii
« Reply #125 on: July 24, 2018, 07:09:52 PM »
Right to carry and mag ban lifted. It's a good week

macsak

Re: Update Young v. State of Hawaii
« Reply #126 on: July 24, 2018, 07:14:31 PM »
I see some people trying to be funny about saying "Don't do it

we weren't saying it to be funny...

mauiblue

Re: Update Young v. State of Hawaii
« Reply #127 on: July 24, 2018, 07:44:41 PM »
So if things work out and Hawaii's law abiding citizens will be able to carry, there is going to be a need trainers that will certify potential permit applicants. One of Maui County requirements for carry permit applicants is being certified by a gun safety trainer. I couldn't find any trainer on the island that could aid me cover that criteria. Too bad we just couldn't just cut to the chase and have constitutional carry plain and simple. Ha!

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changemyoil66

Re: Update Young v. State of Hawaii
« Reply #128 on: July 24, 2018, 08:36:35 PM »
So if things work out and Hawaii's law abiding citizens will be able to carry, there is going to be a need trainers that will certify potential permit applicants. One of Maui County requirements for carry permit applicants is being certified by a gun safety trainer. I couldn't find any trainer on the island that could aid me cover that criteria. Too bad we just couldn't just cut to the chase and have constitutional carry plain and simple. Ha!

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Would the handgun safety course not be enough?

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Direjackalope

Re: Update Young v. State of Hawaii
« Reply #129 on: July 24, 2018, 09:03:15 PM »
Right to carry and mag ban lifted. It's a good week

Mag ban lifted?!  What did I miss?

Flapp_Jackson

Re: Update Young v. State of Hawaii
« Reply #130 on: July 24, 2018, 09:08:11 PM »
Mag ban lifted?!  What did I miss?

It wasn't lifted.

CA passed a law to ban all > 10 rd mags, but a judge put a hold on the law taking effect until the case challenging it is decided. 

So, the law still exists, but on hold until further notice.

If that ban gets quashed, it could be the basis for HI's 10 rd mag restrictions being quashed as well.
"How can you diagnose someone with an obsessive-compulsive disorder
and then act as though I had some choice about barging in?"
-- Melvin Udall

xer 21

Re: Update Young v. State of Hawaii
« Reply #131 on: July 24, 2018, 09:08:36 PM »
Right to carry and mag ban lifted. It's a good week

EDIT:  nevermind, just saw the post above me.

2ahavvaii

Re: Update Young v. State of Hawaii
« Reply #132 on: July 24, 2018, 10:17:21 PM »
So, if Hawaii State law is unconstitutional in regards to the regulation of open carry, what other law besides the Hawaii State Constitution would regulate open carry?  I see some people trying to be funny about saying "Don't do it," but why can't we open carry?  I skimmed through the ruling, but I didn't see anything about the ruling not taking effect.

A sincere and informed answer would be much appreciated!

Much Mahalo!  :shaka:

The state is still responsible for the permitting process. 

If you did something like that, you'd pretty much be going out as a gun owner "martyr" that way because you will be charged, likely with a felony of some sort, and lose your firearm rights in the process.  But you will be on the news, probably national news if you manage to drum up enough attention and it goes viral.

A better approach might be to apply for an open carry license, citing this ruling, and keeping the media and gun rights organizations apprised of the situation.

Kukailimoku

Re: Update Young v. State of Hawaii
« Reply #133 on: July 25, 2018, 06:10:43 AM »
Good news, but still probably take another year or two before we can actually open carry legally in Hawaii.  Even then most businesses in Hawaii would have NO GUNS ALLOWED or GUN FREE ZONE signs posted.

But then wouldn't that be unconstitutional discrimination conduct on the part of businesses?
 ???
So, if I had a business doing sales to the general public:

I could not refuse black people (or, white people, or yellow people for that matter);
I could not not serve the gays and trannies;
I could not refuse sales based on age, sex, etc etc etc...

But I COULD deny service to Trump supporters and gun owners... :wacko:

 :wtf:

Kukailimoku

Re: Update Young v. State of Hawaii
« Reply #134 on: July 25, 2018, 06:14:28 AM »
...Join most of the rest of the country already...

C'mon, man, get real. Leftists only want to cite doing things the way other people do (mainly, Europe and East Asia) when it's socialist/commie stuff. They don't want to point to others as examples if the others happen to be western, or constitutionalism, or capitalism....

Kukailimoku

Re: Update Young v. State of Hawaii
« Reply #135 on: July 25, 2018, 06:33:19 AM »
Okay, at risk of beating the dead horse, let me see if I understand the effect of the result of this case:

ABSOLUTELY NOTHING CHANGES.

So, this ruling wasn't a "win" at all, it was a "go back to the low court and argue some more".

If I am wrong, and this is in fact a win, then WHEN (WHEN?!) will it take practical effect? And how will we know? 6'oclock new story? ?

What is the actual path to freedom from this decision?

This win > re-argue at lower court > win/lose > more appeals at 9th?
or
This win > State appeals en banc and loses > then freedom?
or
This win > State appeals en banc and wins > Young/Beck goes to SCOTUS > probably win?
or
some other convoluted path?

signed,
Confused About Why Are We All Happy About Something That Didn't Actually Change Anything After A Lot Of Lawyers Talking At Length Parenthesis I Still Cannot Carry Either Open Or Concealed Close Parenthesis Question Mark
 :crazy:

RSN172

Re: Update Young v. State of Hawaii
« Reply #136 on: July 25, 2018, 07:05:57 AM »
But then wouldn't that be unconstitutional discrimination conduct on the part of businesses?
 ???
So, if I had a business doing sales to the general public:

I could not refuse black people (or, white people, or yellow people for that matter);
I could not not serve the gays and trannies;
I could not refuse sales based on age, sex, etc etc etc...

But I COULD deny service to Trump supporters and gun owners... :wacko:

 :wtf:

A privately owned business has the right to ask you to leave your guns outside.  Buffalo Wild Wings in Vegas has a prominent sign by the entry that says No Guns Allowed.  I carry my concealed weapon in there anyway as no one can see it and the sign does not have the force of law.  However, if I was open carrying or someone noticed my CCW and I was asked to leave because of it, I would have to comply or get arrested for trespassing.  This was the NV law as explained in the CCW class I took at Front Sight and that is the law in all other states as far as I know.  Much like a business cannot refuse service because you are black, white, Asian, Hispanic, male, female or whatever, but they can do the no shirt, no shoes, no service thing.

zippz

Re: Update Young v. State of Hawaii
« Reply #137 on: July 25, 2018, 07:14:24 AM »
Dallas TX no guns sign have the force of law.  You'll get arrested if you go into a store with a no guns sign.
Join the Hawaii Firearms Coalition at www.hifico.org.  Hawaii's new non-profit gun rights organization focused on lobbying and grassroots activism.

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stangzilla

Re: Update Young v. State of Hawaii
« Reply #138 on: July 25, 2018, 08:27:48 AM »
where is this case going, supreme court?
how long will it take to get a final ruling?

RSN172

Re: Update Young v. State of Hawaii
« Reply #139 on: July 25, 2018, 08:40:57 AM »
where is this case going, supreme court?
how long will it take to get a final ruling?
The way our judicial system moves, 3 years if lucky, 7 years if not is my guess.