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Messages - HiCarry

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Legal and Activism / Need help finding an old legal case
« on: May 07, 2019, 10:35:56 PM »
Aloha all,

I am trying to locate an old (pre-Heller I believe...) gun case.

The case revolves around a Sheriff (could have been a Chief of Police) in a may-issue state that simply denied all ccw applications. When sued, he admitted such in court. The decision was that he could not arbitrarily and without reviewing the individual applications to determine "good cause" deny every permit application. But, that after actually reviewing those applications wasn't obligated to actually approve any of them. So, the bottom line was that he had to read the applications and actually exercise his lawful discretion in approving/denying submitted applications, but not that he actually had to approve them....which, if I remember correctly, was exactly what he did.

Anybody willing to exercise their google-fu to see if they can locate this case? I have so far have not been able to do so, but just haven't had a lot of free time to do a more comprehensive search. Thanks in advance....
Legal and Activism / Re: Doctors and Guns
« on: March 05, 2017, 10:56:38 PM »
My kid's pediatrician asked about guns. When I said yes she gave a short spiel about safe storage, etc. I am going to steer clear of the government conspiracy train for now.

This was a stupid lawsuit to begin with, to suggest that doctors could legally be prevented from asking such a question is ridiculous.

No, it wasn't. The American Academy of Pediatrics is on record as recommending that guns not be in the house of those that have children. Amazing that they don't say the same thing about pools when drownings far outnumber kids killed by guns.
General Discussion / Re: Road rage shooting in Aiea
« on: March 05, 2017, 10:47:30 PM »
This is going to be an interesting case to keep track of.  Was it self defense or not and how will it affect Hawaii's gun laws either way.  I could see a self defense scenario.  Maybe they got into an accident so stopped on the road and words are exchanged.  Pahio (dead guy) false cracks Freeman (shooter).  Freeman fearing for his life retrieves a gun and shoots.  Traumatized by the incident, he runs away.  Claims self defense.

The news article says the victim was a nice guy while shooter was a bad guy.  According to the court records the victim had some run ins with drugs, family abuse, assault, and harassment too.  Both of them sound like idiots.

No legitimate self-defense claim if he was able to walk back to his car unmolested and then return to the incident site. He was clear of any threat of death or great bodily harm when he went back to the car. Murder in the second degree will be the charge but will probably get pled down to manslaughter.

If he spent time in Federal prison on federal charges, he's almost certainly a felon.
General Discussion / Re: Gun Busters Hawaii, New Store?
« on: March 05, 2017, 10:41:07 PM »
I actually stopped by the shop on Friday after work. Besides gun stuff on one side of the shop, there is a "snack" shop that looks like it could be a 50's era mom and pop Kalihi (no offense) grocery....including a rice cooker on the counter. When I walked in Darin came around from the back of the "snack" side. He started to say something but then he recognized me.

I said "So it's true. You have a new shop. Good luck with that" as I walked out of the store. He never said a single word....
Legal and Activism / Re: Information about Rap Back,
« on: July 01, 2016, 02:33:28 PM »
I have actually bought this up before, Hawaii is a may issue state (for CCW and Permits) , If you are not eligible for a permit, You are not eligible to own firearms (that is how they confiscated my shotgun).
Even worse, the Chief can revoke your permit at any time


I read this three or four times, and nowhere did I see "at someone's home" in the list ...

Yep...and you can't loan out a handgun either.

Unless I'm mistaken, the only reason a car is registered is because it is property.  In some states or counties, they charge property taxes on the value of the car.  Here, you pay by the weight, type and use of the vehicle so the state can tax you:

Didn't see anything about "driving tax".

Title conveys ownership.  You don't have to register a car if you only use it on private property.

Registration identifies legally bound registered operator for financial and legal obligations.  If you hit someone, the driver and registered owner (not always the same) can be held financially liable for any damages or injuries.

I'm not sure what point you were trying to make, but I wanted to make sure we have our facts straight.   :shaka:

If I have an off-road motocycle or vehicle, or a vehicle that I do not intend to drive on a public street, I do not need to register it. The fees are intended to maintain the infrastructure for the driving public and the administrative costs.

I have a Kawasaki Mule that I maintain for work. It has never been registered and never will be....
Legal and Activism / Re: Liability for Gun Free Zones
« on: June 29, 2016, 11:58:43 AM »
I am assuming government agencies would get a pass. What about liquor establishments? Banks?

Not sure I agree with this one. It basically brings into question whether a property owner has a right to control their own property.

Although, if you denied my my right to my asthma medication, for example, then I would say you were liable if I had an attack and couldn't medicate myself as needed.

I know what you know if you read the article. Have questions? Research it.

It would not deny a property owner their rights to control their property, just recognize the fact that self-defense is a natural right and that any attempt to restrict that right comes with the assumption of the legal obligation to protect the invitee and assume the liability if they didn't take appropriate safeguards. It's not a whole lot different  from the current laws requiring property owners to keep their property free from recognized hazards and to provide aid in the event of an injury. Do these current mandates adversely affect a property owner's right to control their property?
A fair distinction perhaps.

I think in his mind though he thinks he is within the 2nd amendment to put in place the restrictions or regulations he proposes. We can disagree of course but that leads into a separate topic of legal interpretation of the 2nd amendment of course but a different interpretation isn't the same thing as anti 2A. Who knows though, he may actually want to revoke the 2nd amendment.

He says he owns a firearm, that is a start. How many other legislators own firearms?
I have dealt with Espero for many years now. The last time I talked to him about his firearm, a small pistol by his description, he didn't even know where it was because he said it was being stored at someone's home.

He is anti-gun and anti-2A. I can't say it any more plainly. How to deal with him? Get someone else elected. He thinks he's invincible and can do what ever he wants....he needs to find out that's not the case and loosing his seat is the only definitive way to send him the appropriate message.
Legal and Activism / Liability for Gun Free Zones
« on: June 29, 2016, 11:34:17 AM »
Tennessee will have, effective 1 July 2016, a law that allows anyone authorized to carry a concealed firearm, and who was disarmed and subsequently harmed, to sue the property owner.

Way to go Tennessee!!
I met Espero not too long ago, didn't seem like a bad guy. I do find it completely unacceptable that politicians champion legislation they haven't even read. I believe there should be criminal charges for this. If there is ever a lawsuit, I expect him to be held responsible.

 Was he wearing his silly kangol hat? Haha
Neither he, nor any legislator can be held personally responsible for the adverse effects of any bill they sponsor, advocate, or vote/pass...absolute and/or qualified immunity.
General Discussion / Re: I wonder if this guy registered his firearms
« on: June 28, 2016, 12:02:01 PM »
This is what i was talking about last night, Laws only work when there is a fear of the consequence.
To add: most, if not all notable gun crimes, except the Xerox shooting, seem to have been committed by folks using unregistered guns and/or used by individuals who were already prohibited from owning/possessing firearms.
I knew he was a lawyer... Not a very successful one based on his outfit. Oh sorry, was that too brash?

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I don't know him, but he is a trial lawyer and isn't dumb (I talked to him after the meeting...). I think he leans anti but hard to tell from such a brief meeting. That being said, I don't think anyone should underestimate his abilities at this point. I think he'd be a formidable adversary if he took "their" side....I bet Rick Holcomb and Wolfwood know of him...
I don't know his babe but he is an anti. I've seen him around the capital before. He likes to make remarks to those sitting next to him.

On a side note, I overheard one of the anti people saying they were surprised so many pro gun people showed up and how educated they were. They seemed baffled.
If you are referring to one of the teachers that was sitting by the open door, he was not, IMHO after talking to him, "anti-gun." He admitted his ignorance on gun issues and declined any opinion on what we should do to address the "gun violence issue" because he didn't feel informed enough to make that decision. He asked why we were so adamant about not using the terror watch list to restrict gun rights (he truly appeared concerned that we advocated letting terrorists get guns..). After explaining why he understood and agreed that using the lists was not appropriate.

My point, and I don't think you had any malicious intent and were probably just trying to differentiate "us" from "them," is that we need to be careful how we label people. We are not going to change Mr. Rainbow Lei or Ms. You're no Scholar's mind. But, we may be able to influence folks like the teacher....
We are coming down pretty hard on Willie Espero on this PUBLIC forum.
I think he deserves a little credit for engaging the public and admitting the embarrassing fact that he didn't know what was in that RAP BACK bill.
In the end we all want the same result. We just disagree on how best to accomplish that.

I'm sorry, but I have a different perspective, based on my prior experience with him over the years. He did not choose to engage "us" rather he tolerated us crashing his little gun control party that stared with an "impromptu"  meeting at a bar (not that I have anything against that per se...) and had no intention of engaging or including "us" in the meeting. He was clearly in defensive mode and simply played the part of a seasoned politician....meaning he lied. He does not want the same result. He wants to create a name for himself and ascend to a higher office and he does not care how he gets there. If he thinks he can use the antigun forces to propel him upward, he will. Please do not be fooled by his words....he is the epitome of the of the crooked politician and the old meme of "How do you know when a politician is lying? His lips are moving."

That's not to say we shouldn't engage just means you shouldn't go into that with unrealistic expectations or pin any hopes on his words.
It's certainly an issue of not understanding the in adamant tool. Who was the reseeding hairline badly dressed lawyer guy arguing what would gun people want to see happen? He was sitting to the right next to the sundress lady who feels better she didn't need a gun to protect herself.

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His name was Marcus L. Landsberg IV
Anybody at the Capitol now? Just saw Espero talking to SO about opening the room (229) up.

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Legal and Activism / Re: This is not the Raps Hawaii I know
« on: June 27, 2016, 01:34:37 PM »
"Overturning" this will be a process that will include a legal challenge that will cost tens of thousands of will be interesting to see the response when the request for financial support goes out....
General Discussion / Re: Gov. Ige signed!
« on: June 23, 2016, 03:35:29 PM »
Does this affect old and new registrations?  Or just those that pay the fee?
Goes into effect 7/1....and the fee hasn't been revealed...yet. And, what do you want to bet HPD won't accept anything but  cash and exact change?
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