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  • HDF Suit: State Response Due: September 21, 2011
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HONOLULU POLICE CHIEF AND STATE OF HAWAII SUED FOR SECOND AMENDMENT VIOLATIONS (Read 195826 times)

punaperson

I read somewhere that it's possible they are delaying a response so that if the case goes to Supreme Court, there might be a replacement for Scalia by then.
There are approximately 101+ hypotheses regarding the length of time taken to render the en banc decision (including, seriously, that they will NEVER render a decision). No one offering those hypotheses really knows anything. The only people that know what's going on are the en banc panel judges and some of their clerks, and they ain't talkin'. So you and I and almost everyone else are out of the loop and just have to wait until one day, all of a sudden, there is the decision on the Ninth website... and I think we all know what that decision is going to be (at least, that's my hypothesis).  :shake:

Sentrosi

There are approximately 101+ hypotheses regarding the length of time taken to render the en banc decision (including, seriously, that they will NEVER render a decision). No one offering those hypotheses really knows anything. The only people that know what's going on are the en banc panel judges and some of their clerks, and they ain't talkin'. So you and I and almost everyone else are out of the loop and just have to wait until one day, all of a sudden, there is the decision on the Ninth website... and I think we all know what that decision is going to be (at least, that's my hypothesis).  :shake:

Right?  It's too bad the right to a speedy trial doesn't apply to cases of infringement of constitutional rights.  If we could figure out a way for it to be a crime rather than a civil matter...  but then they could waive their right since it's the defendant's right isn't it?   Sigh.

Drakiir84

Considering the court just ruled in favor of the Second Amendment in JOHN TEIXEIRA V. COUNTY OF ALAMEDA yesterday, I have hope for the 9th district.
"The rifle is a weapon. Let there be no mistake about that. It is a tool of power, and thus dependent completely upon the moral stature of its user. It is equally useful in securing meat for the table, destroying group enemies on the battlefield, and resisting tyranny. In fact, it is the only means of resisting tyranny, since a citizenry armed with rifles simply cannot be tyrannized."
-Jeff Cooper

Funtimes

As some have posted on calguns, the longest En Banc decision was a little over 3 years from argument to opinion.  The 'average' is about 1 year 7 months.  We are just over 1 year and a few months.  I would probably be looking towards fall / end of this year before I would be "hoping" to see something.

Sentrosi

:( this isn't very helpful.

Appeals court rules Americans don't have right to carry concealed guns
http://www.foxnews.com/politics/2016/06/09/court-no-right-to-carry-concealed-weapons-in-public.html

wolfwood

Well guys it ain't over until its over.  In both Young and Baker we asked for permits to carry either openly or concealed.  Today the Court ruled that since the Plaintiffs only asked for concealed carry that is all we are going to rule on and they ruled there is no right to concealed carry. 

There is still an open carry componet in both Hawaii appeals and the Court is going to have to address that issue in a later hearing.
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punaperson

So now that we know, as far as the Ninth Circuit is concerned, that there is no "right" to concealed carry (it being merely a "privilege" that may be regulated to the point of nonexistence should any state government so choose, see: Hawaii), and that there may or may not be a "right" to open carry 1. what if they decide in Nichols/Young/Baker that there is no right to open carry either, and that thus the "right to bear arms" means only that you do not have to keep your arms in your safe at home 24/7... sometimes you can take them out of the safe and "bear" them in your home? or 2. what if a miracle of a miracle happens and they decide that open carry is a right but can be regulated just like concealed carry is now, i.e. not one single person in the state may exercise their "right"? Or what if they say open carry is a right and at least 50 people must be granted that right, what if all those former police officers who will be the only ones to get permits go out in public without a tactical holster, only a waistband holster, and it starts to rain and they put on a raincoat? Do they go to jail convicted of concealed carry? Just askin'...  :geekdanc:  :shaka:  :crazy:

wolfwood

Filed order (DIARMUID F. O'SCANNLAIN, SIDNEY R. THOMAS and CONSUELO M. CALLAHAN) The parties are ordered to provide supplemental briefs in light of the en banc decision in Peruta v. County of San Diego, No. 10-56971 and Richards v. Prieto, No. 11-16255. Briefs shall be no longer than twenty (20) pages and shall be filed within twenty-one (21) days of this order. The Brady Center To Prevent Gun Violence’s motion for leave to file an amicus brief in support of rehearing, ECF No. [61] , is GRANTED. The motions by the County of Hawaii, County of Maui, and County of Kauai to join the amicus curiae brief of the State of Hawaii, ECF Nos. [63], [64], and [65], are GRANTED. Appellant’s motion to strike the State of Hawaii’s amicus brief, ECF No. [66], is DENIED. [10088550] (WL)
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rhironaka808

What does this men in lay mans terms?

wolfwood

What does this men in lay mans terms?

The Court wants us to write about the open carry part of our lawsuit so that it can rule on that part.
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drck1000

What does this men in lay mans terms?


I was gonna have my attorney friend translate that for me. 

I've been wondering if anyone every sued lawmakers for writing in such language, as to only serve to confuse the lay person (i.e. me).   >:(

Kidding of course.  At least mostly.   :D

The Court wants us to write about the open carry part of our lawsuit so that it can rule on that part.

 :thumbsup:

suka

Open carry without permit! The Law would be inline with other States. in the Union.

wolfwood

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GLisehora

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https://www.scribd.com/document/323193146/Filed-Baker-Supp-Brief

we just filed our supplemental brief

Thank you Chris Baker, Richard Holcomb and Alan Beck!

Who is becoming the new Chief of Police and is anyone else up for re-applying for concealed carry permits again?
And that's the facts Jack!

michaelkih

Any update on this, and any way that I can get involved here in Kauai?

Drakiir84

Any update on this, and any way that I can get involved here in Kauai?

We're basically still fucked.
"The rifle is a weapon. Let there be no mistake about that. It is a tool of power, and thus dependent completely upon the moral stature of its user. It is equally useful in securing meat for the table, destroying group enemies on the battlefield, and resisting tyranny. In fact, it is the only means of resisting tyranny, since a citizenry armed with rifles simply cannot be tyrannized."
-Jeff Cooper

6716J

We're basically still fucked.
🤙

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

2ahavvaii

CCW reciprocity taking a small step forward.   May bear watching.  Reciprocity or a supreme court ruling striking down the "may issue" policy is just about the only ways we'd ever see CCW in hawaii.



The Judiciary Committee is scheduled to vote Wednesday on a National Rifle Association-supported bill that would allow a gun owner with a state-issued concealed carry permit to carry a handgun in any state that allows concealed weapons.

2ahavvaii

CCW reciprocity taking a small step forward.   May bear watching.  Reciprocity or a supreme court ruling striking down the "may issue" policy is just about the only ways we'd ever see CCW in hawaii.



The Judiciary Committee is scheduled to vote Wednesday on a National Rifle Association-supported bill that would allow a gun owner with a state-issued concealed carry permit to carry a handgun in any state that allows concealed weapons.

National reciprocity for concealed carry passed the House Judiciary Committee on Wednesday is expected to receive a floor vote before the end of the year.