Young v. State of Hawaii (Read 124205 times)

RSN172

Re: Update Young v. State of Hawaii
« Reply #160 on: July 26, 2018, 09:26:05 PM »
but a baker has to bake anyone a cake

Not anymore.  SCOTUS ruled in the baker's favor, overturning the appeals court decision.  He had no problem selling them anything else, except for a wedding cake because he felt a wedding should be only between a man and a woman. 
 :stopjack:

michaelkih

Re: Update Young v. State of Hawaii
« Reply #161 on: July 27, 2018, 01:12:17 AM »
I live in Texas half the year, and have spent most of my life there before moving back to Kauai recently.  No one follows those signs.  The punishment is a misdemeanor.  Same as a speeding ticket.  It was a recent change to make it less of a crime which is awesome.  Many places there have signs on the doors welcoming people to carry guns and just asking you to shoot properly if you need to use your gun.

Depends on what you mean my "no gun sign". In TX if a business does not want to allow concealed/open carriers they must display Texas Statue 30.06 (no pun intended) for conceal carry, and/or 30.07 for open carry in a conspicuous manner with minimum 1 1/2" tall lettering. Normally they are printed on the doors of the business.

"“PURSUANT TO SECTION 30.06, PENAL
CODE (TRESPASS BY LICENSE
HOLDER WITH A CONCEALED
HANDGUN), A PERSON LICENSED
UNDER SUBCHAPTER H, CHAPTER 411,
GOVERNMENT CODE (HANDGUN LICENSING
LAW), MAY NOT ENTER THIS PROPERTY WITH
A CONCEALED HANDGUN” "

"“PURSUANT TO SECTION 30.07, PENAL
CODE (TRESPASS BY LICENSE
HOLDER WITH AN OPENLY CARRIED
HANDGUN), A PERSON LICENSED
UNDER SUBCHAPTER H, CHAPTER 411,
GOVERNMENT CODE (HANDGUN LICENSING
LAW), MAY NOT ENTER THIS PROPERTY WITH
A HANDGUN THAT IS CARRIED OPENLY”


The little gun-buster sticker(alone) on a door doesn't count.

6716J

Re: Young v. State of Hawaii
« Reply #162 on: July 27, 2018, 07:40:59 AM »
John Lott seems to write a good opinion piece but how on the mark is it? The opening sentence infers that as of Tuesday we can just go on out strapped whenever we like. Maybe I missed it in the thread somewhere, but HOW is it going to work here in Hawaii? Fo'realz? Is the entire section regarding open carry effectively stripped from the law or....? I read the decision in it's entirety, but with all the legalese and such, it's still hard to determine what it really means, other than REMANDED back to the lower court.

"Tuesday’s decision by the 9th Circuit Court of Appeals means that people in the western U.S. will now be able to openly carry a handgun in public. The decision only applies to districts under the 9th Circuit’s jurisdiction, but it will likely soon affect the rest of the country. It is a huge ruling that strikes down existing state prohibitions in Hawaii and California."

https://townhall.com/columnists/johnrlottjr/2018/07/27/9th-circuit-decision-n2504266
I'd rather have a bottle in front of me, than a frontal lobotomy.

RSN172

Re: Young v. State of Hawaii
« Reply #163 on: July 27, 2018, 08:27:40 AM »
You will be arrested walking around in public with a gun in Hawaii.  As my manong friend would say, "For real, I promise.".

Flapp_Jackson

Re: Young v. State of Hawaii
« Reply #164 on: July 27, 2018, 08:46:43 AM »
If someone is feeling froggy, it might be reasonable to apply for a CCW permit now.  If (ha ha ha ... when) denied, since open carry is also forbidden, you'd have a good case for violation of your constitutional rights.

The ruling says concealed carry isn't a protected right, but if they  deny that AND open carry, it's a violation.

"In a 2-1 decision on Tuesday, the panel found Hawaii infringed on the rights of plaintiff George Young
when it twice denied him a permit the state requires to openly carry a gun in public."

Whether or not the state wants to change the laws or appeal the ruling is irrelevant. They can't ignore the current ruling.  If the law offers the option for the state to issue a CCW permit, I think they have to do it or face a lawsuit.

Just my non-lawyer reading of the situation.
"How can you diagnose someone with an obsessive-compulsive disorder
and then act as though I had some choice about barging in?"
-- Melvin Udall

changemyoil66

Re: Update Young v. State of Hawaii
« Reply #165 on: July 27, 2018, 08:49:24 AM »
but a baker has to bake anyone a cake

Depends if it's Chris Baker.  ;D ;D ;D

2ahavvaii

Re: Young v. State of Hawaii
« Reply #166 on: July 27, 2018, 09:23:11 AM »
If someone is feeling froggy, it might be reasonable to apply for a CCW permit now.  If (ha ha ha ... when) denied, since open carry is also forbidden, you'd have a good case for violation of your constitutional rights.

The ruling says concealed carry isn't a protected right, but if they  deny that AND open carry, it's a violation.

"In a 2-1 decision on Tuesday, the panel found Hawaii infringed on the rights of plaintiff George Young
when it twice denied him a permit the state requires to openly carry a gun in public."

Whether or not the state wants to change the laws or appeal the ruling is irrelevant. They can't ignore the current ruling.  If the law offers the option for the state to issue a CCW permit, I think they have to do it or face a lawsuit.

Just my non-lawyer reading of the situation.

in that case, wouldn't it be better to apply for a open and concealed carry?  they'd have to approve one or the other?

changemyoil66

Re: Young v. State of Hawaii
« Reply #167 on: July 27, 2018, 09:27:31 AM »
in that case, wouldn't it be better to apply for a open and concealed carry?  they'd have to approve one or the other?

Might as well since you're there already.

Flapp_Jackson

Re: Young v. State of Hawaii
« Reply #168 on: July 27, 2018, 09:36:34 AM »
Might as well since you're there already.

There is no process in Hawaii for issuing an open carry permit AFAIK. Open carry is only allowed for special exceptions, like security guards.

Concealed carry permits exist for everyone else at the police chief's discretion. They'd have to create a new permit for the public to open carry to make that an option.

"to carry a pistol or revolver and ammunition therefor concealed on the person within the county where the license is granted."
"How can you diagnose someone with an obsessive-compulsive disorder
and then act as though I had some choice about barging in?"
-- Melvin Udall

robtmc

Re: Young v. State of Hawaii
« Reply #169 on: July 27, 2018, 12:23:18 PM »
Of course, off duty cops may carry concealed all they want.

changemyoil66

Re: Young v. State of Hawaii
« Reply #170 on: July 27, 2018, 12:32:11 PM »
Of course, off duty cops may carry concealed all they want.

Even recruits after a certain point.  My friend showed me his and he never graduated.

Flapp_Jackson

Re: Young v. State of Hawaii
« Reply #171 on: July 27, 2018, 01:10:18 PM »
"How can you diagnose someone with an obsessive-compulsive disorder
and then act as though I had some choice about barging in?"
-- Melvin Udall

changemyoil66

Re: Young v. State of Hawaii
« Reply #172 on: July 27, 2018, 01:44:36 PM »
Thanks for the video.

2ahavvaii

Re: Young v. State of Hawaii
« Reply #173 on: July 27, 2018, 01:59:20 PM »
The way I've heard it described is that it's a win-win for us no matter what happens at en banc.

 In the past, the states have opted for en banc, and won those cases.     If hawaii loses  en banc, they won't appeal to the SCOTUS.  They'll "take one for the team" to possible avoid wider 2nd amendment implications handed down at the federal level, and CA and HI gets open carry.    On the other hand, if the 9th circuit overturns the ruling, (presumably) young will appeal to SCOTUS and get a nationwide rulling on carry, which could be very unfavorable to gun opponents because of the shifting composition of the supreme court. 

Assuming Hawaii loses en banc, following the ruling, Hawaii should find it in their best interest to go to "shall issue" concealed carry.  The ruling says that there needs to be either open or concealed carry available to the law abiding masses.  They don't want the massive headaches and police calls as fear grips people's liberal hearts if they allowed open carry. It is in both gun advocate and opponents best interest if people is concealed carrying.  So they will keep open carry banned, and allow concealed carry on a shall issue basis.

RSN172

Re: Young v. State of Hawaii
« Reply #174 on: July 27, 2018, 02:47:33 PM »
I am pretty sure the current ruling by the panel will get overturned en banc. I personally would like to see it go to SCOTUS to settle this thing once and for all.  At least we will have a conservative court for quite a while, especially if Trump wins another term and the Repubs hold at least 50 seats in the Senate.

2ahavvaii

Re: Young v. State of Hawaii
« Reply #175 on: July 27, 2018, 03:23:03 PM »
I am pretty sure the current ruling by the panel will get overturned en banc. I personally would like to see it go to SCOTUS to settle this thing once and for all.  At least we will have a conservative court for quite a while, especially if Trump wins another term and the Repubs hold at least 50 seats in the Senate.

The smarter play for anti 2a fanatics might be to let hawaii just bite the bullet and allow open carry or start issuing concealed carry on a "shall issue" basis instead of going to SCOTUS which would issue a ruling that much more far reaching.  But states like HI and CA are such rabid liberal states, that they'll never allow for such a compromise to occur and fight to the bitter end.

ren

Re: Young v. State of Hawaii
« Reply #176 on: July 27, 2018, 03:35:42 PM »
Even recruits after a certain point.  My friend showed me his and he never graduated.

Really? Times have changed.
Deeds Not Words

zippz

Re: Young v. State of Hawaii
« Reply #177 on: July 27, 2018, 04:41:58 PM »
Even recruits after a certain point.  My friend showed me his and he never graduated.

Was he legally carrying or illegally carrying.
Join the Hawaii Firearms Coalition at www.hifico.org.  Hawaii's new non-profit gun rights organization focused on lobbying and grassroots activism.

Hawaii Shooting Calendar - https://calendar.google.com/calendar/embed?src=practicalmarksman.com_btllod1boifgpp8dcjnbnruhso%40group.calendar.google.com&ctz=Pacific/Honolulu

changemyoil66

Re: Young v. State of Hawaii
« Reply #178 on: July 27, 2018, 05:11:27 PM »
Was he legally carrying or illegally carrying.
It was just the permit that was expired.

So not carrying, but forgot to clean out his wallet.

Sent from my SM-G920V using Tapatalk

zippz

Re: Young v. State of Hawaii
« Reply #179 on: July 27, 2018, 06:57:22 PM »
It was just the permit that was expired.

So not carrying, but forgot to clean out his wallet.

Sent from my SM-G920V using Tapatalk

It was probably his firearms qualification card.  For HPD you get that after you complete your weapons qualification before they graduate.  They still can't carry a gun yet cause they don't have law enforcement powers until they graduate.
Join the Hawaii Firearms Coalition at www.hifico.org.  Hawaii's new non-profit gun rights organization focused on lobbying and grassroots activism.

Hawaii Shooting Calendar - https://calendar.google.com/calendar/embed?src=practicalmarksman.com_btllod1boifgpp8dcjnbnruhso%40group.calendar.google.com&ctz=Pacific/Honolulu