Medical Waiver Lawsuit Filed (Read 4744 times)

changemyoil66

Medical Waiver Lawsuit Filed
« on: April 03, 2022, 06:08:56 PM »
HIFICO lawyers Alan Beck and Kevin O'Grady.

Suit viotlates 2nd and 14th amendment.

Ill bet state will claim "public safety" and if like their prior lawsuits, they wont be able to prove who was prevented from this law from not committing a crime (active shooter, murder, etc...)

The state does have records of who was denied due to mental rejection. But like minority report, unknown if a crime was prevented.

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aieahound

Re: Medical Waiver Lawsuit Filed
« Reply #2 on: April 08, 2022, 05:48:08 PM »
Cross link I think.
More places the better though.
 :shaka:

https://2ahawaii.com/index.php?topic=45395.msg419394#msg419394

Similar to guys who posted here about getting denied with Kaiser after couple trips to psychiatrist after a divorce ten years ago.
Only State in the Country.

eyeeatingfish

Re: Medical Waiver Lawsuit Filed
« Reply #3 on: April 13, 2022, 02:58:15 PM »
Imagine if someone had to show a doctor's note in order to vote... Good lawsuit.

DocMercy

Re: Medical Waiver Lawsuit Filed
« Reply #4 on: April 19, 2022, 09:32:47 AM »
Important lawsuit for a lot of reasons. It is a shame that Michael Santucci has to go through this costly experience. Both of the lawyers mentioned have high billing rates. Wouldn't it be better to find a 2A friendly psychologist or psychiatrist, and reapply for a permit?

changemyoil66

Re: Medical Waiver Lawsuit Filed
« Reply #5 on: April 19, 2022, 09:58:39 AM »
Important lawsuit for a lot of reasons. It is a shame that Michael Santucci has to go through this costly experience. Both of the lawyers mentioned have high billing rates. Wouldn't it be better to find a 2A friendly psychologist or psychiatrist, and reapply for a permit?

The comments on the HIFICO page and SSHOT pages did mention about finding another psychiatrist, which would be much easier. But I think that Santucci is a man of principals, which is why he is the plaintiff on this lawsuit and thinking about the bigger picture. 


1 of the directors for HIFICO began the org due to principals. He was denied a permit to acquire (PTA) because he is not a US citizen.  Even though our law states you don't have to be a US citizen.  He had to bring in an attorney and then HPD granted his PTA.  So if it wasn't for this moment in time, Tasers would still be illegal, in person registration would still be required, US nationals (American Samoa) would still be denied their 2a right in HI, HPD would still close at 3pm on Wednesdays (more like 2:30 since they want to go home on the dot), etc...

hvybarrels

Re: Medical Waiver Lawsuit Filed
« Reply #6 on: April 19, 2022, 06:04:25 PM »
Best $25 per year I ever spent
“Wars happen when the government tells you who the enemy is. Revolutions happen when you figure it out for yourselves.”

zippz

Re: Medical Waiver Lawsuit Filed
« Reply #7 on: April 21, 2022, 10:02:49 AM »
For affected by frivolous denials and need a 2A doctor, hold off for a bit if you can.  We're trying to find a solution with the C&C of Honolulu to stop these denials.

For those wondering why sue the county/state for this when it's easier and cheaper to just get cleared from a doctor....this affects hundreds of people a year paying hundreds of dollars each, wasting hours of time, and having their guns rust away in a police station.  As a whole,costs gun owners tens of thousands of dollars each year.  Not to mention people that just give up their 2A rights and don't pursue it.  Also looks bad on the annual firearms denial report from the AG.
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: Medical Waiver Lawsuit Filed
« Reply #8 on: April 21, 2022, 11:54:13 AM »
And ammo, you must also surrender your ammo. IDK if HPD will give it back either.

kkt

Re: Medical Waiver Lawsuit Filed
« Reply #9 on: April 22, 2022, 08:38:19 AM »
For affected by frivolous denials and need a 2A doctor, hold off for a bit if you can.  We're trying to find a solution with the C&C of Honolulu to stop these denials.

For those wondering why sue the county/state for this when it's easier and cheaper to just get cleared from a doctor....this affects hundreds of people a year paying hundreds of dollars each, wasting hours of time, and having their guns rust away in a police station.  As a whole,costs gun owners tens of thousands of dollars each year.  Not to mention people that just give up their 2A rights and don't pursue it.  Also looks bad on the annual firearms denial report from the AG.

Thank you to all involved for this lawsuit.

zippz

Re: Medical Waiver Lawsuit Filed
« Reply #10 on: April 22, 2022, 03:11:57 PM »
Hard to say, but might be a couple months for this to be resolved
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

eyeeatingfish

Re: Medical Waiver Lawsuit Filed
« Reply #11 on: April 25, 2022, 10:40:30 PM »
And ammo, you must also surrender your ammo. IDK if HPD will give it back either.

They are supposed to.

changemyoil66

Re: Medical Waiver Lawsuit Filed
« Reply #12 on: April 26, 2022, 09:05:29 AM »
They are supposed to.

I hope the people this happens to do an inventory count with receipt prior to getting things taken away and another at HPD station when it's returned. No matter how long it takes.

zippz

Re: Medical Waiver Lawsuit Filed
« Reply #13 on: May 10, 2022, 07:06:01 PM »
Sorry but things have fallen through.  This case will likely take a long time to complete.
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

hvybarrels

Re: Medical Waiver Lawsuit Filed
« Reply #14 on: May 11, 2022, 03:58:00 PM »
Sorry but things have fallen through.  This case will likely take a long time to complete.

Bummer. Thanks for all you do.
“Wars happen when the government tells you who the enemy is. Revolutions happen when you figure it out for yourselves.”

changemyoil66

Re: Medical Waiver Lawsuit Filed
« Reply #15 on: July 02, 2022, 08:04:04 AM »
The cities reply is saying due to SCOTUS abortion ruling, there is no medical privacy.

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Flapp_Jackson

Re: Medical Waiver Lawsuit Filed
« Reply #16 on: July 02, 2022, 02:18:36 PM »
The cities reply is saying due to SCOTUS abortion ruling, there is no medical privacy.

That's a bogus interpretation of the ruling.

Saying there's no Constitutional right to have an abortion is a far cry from saying there's no such thing as patient privacy.

Laws protecting the privacy of patients (HIPAA) already exist.  There doesn't need to be a "Constitutional right" to medical privacy if that privacy is already protected through federal statutes.

HIPAA goes well beyond abortions, so tp tie them together like that is ignorant -- or dishonest.
"How can you diagnose someone with an obsessive-compulsive disorder
and then act as though I had some choice about barging in?"
-- Melvin Udall

tillamook

Re: Medical Waiver Lawsuit Filed
« Reply #17 on: July 15, 2022, 08:15:34 AM »
What is more sad is that I've had to do the mental health waver for some military personnel who were incorrectly diagnosed by the mental health "professionals" at the VA in Honolulu.   Not only denied rights (even though they had no restrictions to firearms while on base), they were diagnosed completely wrong by the VA.  I've taught 3rd year medical students who would have done a better job.    Just sad on so many levels.   

zippz

Re: Medical Waiver Lawsuit Filed
« Reply #18 on: July 15, 2022, 08:41:10 AM »
This case is progressing nicely.  It's an embarrassing case for the County and State to defend.  We will certainly win it, just a matter of time maybe likely find out sometime later this year, plus implementation time for the agencies to develop new policies and forms.

We're not getting rid of the mental health checks, rather we're getting rid of all the frivolous  denials and confiscations and getting rid of Kaiser problems.
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

nathanm14fan

Re: Medical Waiver Lawsuit Filed
« Reply #19 on: July 15, 2022, 04:51:33 PM »
This case is progressing nicely.  It's an embarrassing case for the County and State to defend.  We will certainly win it, just a matter of time maybe likely find out sometime later this year, plus implementation time for the agencies to develop new policies and forms.

We're not getting rid of the mental health checks, rather we're getting rid of all the frivolous  denials and confiscations and getting rid of Kaiser problems.

As someone who has been stuck dealing with the dumb clearance letter issue since 2016 due to Kaiser, this is welcome news. I look forward to the day where I don't have to bring that hard copy and pray that the guy behind the counter says the letter is expired (they don't) or some other frivolous BS that causes heartburn and hoops to jump though.