2aHawaii

General Topics => General Discussion => Topic started by: fang23 on July 24, 2018, 08:21:43 AM

Title: Appeals court panel rules in favor of open carry in Hawaii
Post by: fang23 on July 24, 2018, 08:21:43 AM
A three-judge panel of the 9th US Circuit Court of Appeals ruled today in favor of open carry in Hawaii case:

http://www.startribune.com/appeals-court-says-2nd-amendment-allows-open-carry-of-guns/489026461/

https://www.reuters.com/article/us-usa-guns-court/us-appeals-court-constitution-gives-right-to-carry-gun-in-public-idUSKBN1KE28C

And here's the court's ruling:
http://cdn.ca9.uscourts.gov/datastore/opinions/2018/07/24/12-17808.pdf

What does it all mean? I'm no lawyer. But I would like to buy George K. Young Jr. a beer
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: fang23 on July 24, 2018, 08:47:14 AM
There's already a thread on this in General Topics, Legal and activism, Update Young v. State of Hawaii:
https://2ahawaii.com/index.php?topic=8447.80

Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: ptanabe on July 24, 2018, 08:50:35 AM
Where did this case come from? I wasn’t even aware of it until my brother called me and told me of the ruling?
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: macsak on July 24, 2018, 08:53:52 AM
Where did this case come from? I wasn’t even aware of it until my brother called me and told me of the ruling?

big island
case has been going on for years

check out the other thread, the lawyers are on it
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: RSN172 on July 24, 2018, 09:11:57 AM
big island
case has been going on for years

check out the other thread, the lawyers are on it

Yeah, and since Hawaii gun carry permits are county specific, only us Big Island people will be allowed to carry.  LOL.
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: changemyoil66 on July 24, 2018, 10:13:01 AM
Yeah, and since Hawaii gun carry permits are county specific, only us Big Island people will be allowed to carry.  LOL.

Damn got all hard for nothing.  Im on Oahu
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: groveler on July 24, 2018, 11:58:48 AM
I've followed this Young thing for years.
I always knew he would win.
I usually apply yearly for a CC permit just to get turned down.
I've even given testimony to the police commission.
They get some really crazy people there BTW.
But I think the Liberals on the commission are even crazier.
But until I get a reading from the police chief I won't open carry.
I do have a 26.5 mm signal device, and a adapter for a .410 shot-shell,
or .45 long Colt that I keep in my truck. They are separate so no laws are
violated.
Great short barrel shotgun.
I look forward to carrying my 9mm in public.
I legally carried concealed,  my PPK clone in WA
state for over 15 years, I'd go back to that in a second
before open carry.
Society is far better of if criminals can assume but do not know
if everyone is armed.

Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: MDS on July 24, 2018, 06:48:42 PM
The ruling applies to the whole state. Last week the 9th circus also crushed Hawaii's 10 round limit magazine law.

Unless this opinion is reversed en banch, the state will have to change its "may issue" to "shall issue" and toss out its ban on magazine capacities of over ten rounds.

So, the State has some major alterations to make, soon.
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: Bota-CS1 on July 24, 2018, 07:11:37 PM
The ruling applies to the whole state. Last week the 9th circus also crushed Hawaii's 10 round limit magazine law.

Unless this opinion is reversed en banch, the state will have to change its "may issue" to "shall issue" and toss out its ban on magazine capacities of over ten rounds.

So, the State has some major alterations to make, soon.

Let’s hope so.  This topic has been on fire on social media.  Lots of Hawaii residents saying “go back to the mainland with your open carry -we have the lowest gun crime rate in the nation”. Really? Ask Officer Kalailoa’s family if they agree with that.  I was born and raised and I see Hawaii as it is and not how I’d like it to be from yester year.  If Kaiwi was willing to blast a cop - what makes you think that he wouldn’t do the same to you if you’d have walked in on him burglarizing your house? 
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: RSN172 on July 24, 2018, 09:49:49 PM
Let’s hope so.  This topic has been on fire on social media.  Lots of Hawaii residents saying “go back to the mainland with your open carry -we have the lowest gun crime rate in the nation”. Really? Ask Officer Kalailoa’s family if they agree with that.  I was born and raised and I see Hawaii as it is and not how I’d like it to be from yester year.  If Kaiwi was willing to blast a cop - what makes you think that he wouldn’t do the same to you if you’d have walked in on him burglarizing your house?

If we get the right to open carry, I can see some local a-holes giving verbal abuse to those carrying, may be even trying to get in a fight.  Open carry is a start, but basically a bad idea in more ways than one. 
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: Flapp_Jackson on July 24, 2018, 10:57:46 PM
If we get the right to open carry, I can see some local a-holes giving verbal abuse to those carrying, may be even trying to get in a fight.  Open carry is a start, but basically a bad idea in more ways than one.

If you carry a firearm, a little verbal abuse shouldn't bother you.

If you're armed, you have to be a better person than you usually think you can be.

If someone tries to start something, you walk away. If someone is road raging, you call the cops. If someone sees you open carrying and wants to harass you, just ignore him.

If you get into an altercation, even if you never draw your weapon, the a-hole could claim you threatened to shoot him.

I foresee a new market for private body cams.
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: hvybarrels on July 24, 2018, 11:45:10 PM
At first it will definitely be strange, but the good thing is that will grease the gears for making CC possible.

"Oh so you don't want to see this thing? Then let's change the law so that you don't have to."
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: Flapp_Jackson on July 24, 2018, 11:52:57 PM
At first it will definitely be strange, but the good thing is that will grease the gears for making CC possible.

"Oh so you don't want to see this thing? Then let's change the law so that you don't have to."

Most states that passed CC already had open carry, but the voters pushed to not have guns so visible in public. Once they have to make the choice, lawmakers normally favor CC over OC.  There's no real benefit to public safety or law enforcement by forcing open carry exclusively.
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: rklapp on July 25, 2018, 05:53:13 AM
Yeah, and since Hawaii gun carry permits are county specific, only us Big Island people will be allowed to carry.  LOL.
But with legal precedence, it should be easy to expand the shall issue to all islands, right?
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: RSN172 on July 25, 2018, 06:45:27 AM
I am sure the law will change to state wide.  The current law being only good for the county you get the permit in is stupid, but what else can you expect from a Dumbocratic society.
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: zippz on July 25, 2018, 07:00:11 AM
I am sure the law will change to state wide.  The current law being only good for the county you get the permit in is stupid, but what else can you expect from a Dumbocratic society.

Thats a good point, going to have to change the law in 2019 legislature.  Plus reciprocity from other states
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: drck1000 on July 25, 2018, 07:16:52 AM
Let’s hope so.  This topic has been on fire on social media.  Lots of Hawaii residents saying “go back to the mainland with your open carry -we have the lowest gun crime rate in the nation”. Really? Ask Officer Kalailoa’s family if they agree with that.  I was born and raised and I see Hawaii as it is and not how I’d like it to be from yester year. If Kaiwi was willing to blast a cop - what makes you think that he wouldn’t do the same to you if you’d have walked in on him burglarizing your house?
Was just talking about this the other day with a HS buddy.  Back in the day, we used to get dropped off at Pearlridge, go watch movies, cruise at Fun Factory or Tilt, etc.  Get picked up around 10 pm or so.  It was safe.  No worries.  I go by there now and there are tons of young punks.  Not only that, those reports of folks stalking to pick up teenage girls and other stuff.  We each had our own theories about why that is, but bottom line was things have changed and it's not like "yester year".  More folks getting attacked with knives and even guns these days.  We may have pretty low crime in Hawaii, but what's it going to take?  For things to turn like Chicago? 

Folks can bury their head in the sand and think lull themselves into a sense of security, serenity and all that safe space BS.  I know that isn't the reality and that only breeds sheep.  That's why I train. . .
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: drck1000 on July 25, 2018, 07:20:19 AM
If we get the right to open carry, I can see some local a-holes giving verbal abuse to those carrying, may be even trying to get in a fight.  Open carry is a start, but basically a bad idea in more ways than one.
Hell, we see that happening now with punks getting into scuffles, running off and coming back with guns.  And it's not only "local a-holes".  It's any damn a-holes. . .
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: drck1000 on July 25, 2018, 07:22:31 AM


I foresee a new market for private body cams.
No need.  The millenials will be there videoing it for you.  ;D

Was getting my hair cut the other day and they were showing this attack in Thailand that was caught in video.  Something about in Thailand, there are cameras everywhere, but mostly for traffic issues and to protect from car theft, so many times, those cameras pick up incidents like that. 
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: Locker_09 on July 25, 2018, 10:38:38 AM
So when can we start applying?
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: Drakiir84 on July 25, 2018, 10:43:07 AM
So when can we start applying?

Waiting to see if the state appeals. 
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: groveler on July 25, 2018, 12:55:47 PM
Waiting to see if the state appeals.
Applied today.
I'm citing  US code 18 section 242
“ deprivation of rights under color of law”.
If I'm refused.
I'm having a problem finding a lawyer.
You guys know any?
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: 6716J on July 25, 2018, 01:00:56 PM
So when can we start applying?

Apply now
Apply often
We will still see denials as we still need to show the NEED for it. But the plus side is we no longer have to be "engaged in the protection of life and property". Whatever that means. I engage in that everyday for my family. Seatbelts, lock the door to the house....
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: 6716J on July 25, 2018, 01:10:00 PM
Now can anyone show us the application for an OPEN CARRY permit? I can only find a CONCEALED CARRY application.
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: aieahound on July 25, 2018, 02:29:13 PM
That's what I was thinking.
I've been denied for CCW when we had the CCW drive.
How do we apply for an open carry permit?
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: groveler on July 25, 2018, 03:30:12 PM
That's what I was thinking.
I've been denied for CCW when we had the CCW drive.
How do we apply for an open carry permit?
Not that it is legal anymore
but the CC permit allowed for carry of a loaded weapon
outside your residence, place of business, or place of sojourn.
open or hidden.
What the state does is arrest you, take your guns, and cause you a lot of
expenses just because they can.   It is called running you though the "System".
Cops don't care about you, they go home and have a beer and play with
the kids while you rot in jail or pay a lot of money for bail.
This is the Hawaii you elected and I really don't care.
You are slaves, and you seem to enjoy it.
However I prepare and plan,
Had Honolulu been nuked I would have had a party to celebrate.
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: drck1000 on July 25, 2018, 03:39:23 PM
Not that it is legal anymore
but the CC permit allowed for carry of a loaded weapon
outside your residence, place of business, or place of sojourn.
open or hidden.
What the state does is arrest you, take your guns, and cause you a lot of
expenses just because they can.   It is called running you though the "System".
Cops don't care about you, they go home and have a beer and play with
the kids while you rot in jail or pay a lot of money for bail.
This is the Hawaii you elected and I really don't care.
You are slaves, and you seem to enjoy it.
However I prepare and plan,
Had Honolulu been nuked I would have had a party to celebrate.
Did some Oahu people kick your dog or something then you were a kid? Geezus
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: Direjackalope on July 25, 2018, 03:47:25 PM
Discrete open carry.
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: groveler on July 25, 2018, 03:51:40 PM
Did some Oahu people kick your dog or something then you were a kid? Geezus
Don't take this personal but Honolulu is like the worst city I can imagine.
They rule the state like tyrants.
Because they are and they can do
as they please. .
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: aieahound on July 25, 2018, 04:57:39 PM
A similar case is being heard in the 1rst Circuit Court of appeals.
Different facts but appears same basic underlying issue.
Does the 2A give law abiding citizens the Right to carry a gun outside the home for self-defense.
Article said with the recent 9th Circuit ruling, Circuits are currently split 3 - 3.
SCOTUS may need to take up this issue.
But which case will they pick?
I think Young v. might be one of the better ones since Hawaii is effectively a no issue State despite the language in the law indicating a May issue State.
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: z06psi on July 25, 2018, 05:11:01 PM
Not that it is legal anymore
but the CC permit allowed for carry of a loaded weapon
outside your residence, place of business, or place of sojourn.
open or hidden.
What the state does is arrest you, take your guns, and cause you a lot of
expenses just because they can.   It is called running you though the "System".
Cops don't care about you, they go home and have a beer and play with
the kids while you rot in jail or pay a lot of money for bail.
This is the Hawaii you elected and I really don't care.
You are slaves, and you seem to enjoy it.
However I prepare and plan,
Had Honolulu been nuked I would have had a party to celebrate.

 :worship: :shaka:
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: z06psi on July 25, 2018, 05:13:43 PM
Don't take this personal but Honolulu is like the worst city I can imagine.
They rule the state like tyrants.
Because they are and they can do
as they please. .

 :worship: :shaka:
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: stangzilla on July 25, 2018, 05:30:13 PM
troll alert!
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: ren on July 25, 2018, 05:34:24 PM
so no can open carry yet?
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: drck1000 on July 25, 2018, 05:50:09 PM
Karl Rhodes says no.

http://www.staradvertiser.com/2018/07/25/hawaii-news/open-carry-rejected-by-isle-lawmakers/?HSA=1738aaa91241c8711ec290b34ba2c4cd5fbd99d9

“It turns us into the Wild West — whoever shoots first is the one who wins,” said Rhoads (D, Downtown-­ Nuu­anu-Liliha). “It just turns us into Dodge City and the quick or the dead, and that’s it.”

And Hanabusa of course has to chime in.

“This is not a second amendment issue. It’s a states’ rights issue. We shouldn’t fool ourselves,” Hanabusa said in a written statement. “This issue will end up before the U.S. Supreme Court and the state of Hawaii will have to join and argue on behalf of states’ rights. We know how best to regulate firearms to keep our communities safe and respect the rights of law abiding gun owners.”

One of my best friend’s wife is on her staff.  She’s anti-gun too, but had never shot or wanted to try for herself.

ETA - Reading comments. People seem to be waking up.
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: z06psi on July 25, 2018, 05:53:55 PM
Karl Rhodes says no.

http://www.staradvertiser.com/2018/07/25/hawaii-news/open-carry-rejected-by-isle-lawmakers/?HSA=1738aaa91241c8711ec290b34ba2c4cd5fbd99d9

“It turns us into the Wild West — whoever shoots first is the one who wins,” said Rhoads (D, Downtown-­ Nuu­anu-Liliha). “It just turns us into Dodge City and the quick or the dead, and that’s it.”

And Hanabusa of course has to chime in.

“This is not a second amendment issue. It’s a states’ rights issue. We shouldn’t fool ourselves,” Hanabusa said in a written statement. “This issue will end up before the U.S. Supreme Court and the state of Hawaii will have to join and argue on behalf of states’ rights. We know how best to regulate firearms to keep our communities safe and respect the rights of law abiding gun owners.”

One of my best friend’s wife is on her staff.  She’s anti-gun too, but had never shot or wanted to try for herself.

ETA - Reading comments. People seem to be waking up.

No state's rights on direct Constitutional matters.
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: Q on July 25, 2018, 06:07:29 PM
This is the Hawaii you elected and I really don't care.
You are slaves, and you seem to enjoy it.
However I prepare and plan,
Had Honolulu been nuked I would have had a party to celebrate.

Obviously you care enough to whine about Hawaii And how much you dislike it, over and over again.

And great job openly admitting you would celebrate an attack on US citizens.
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: ren on July 25, 2018, 07:11:35 PM
Karl Rhodes says no.

http://www.staradvertiser.com/2018/07/25/hawaii-news/open-carry-rejected-by-isle-lawmakers/?HSA=1738aaa91241c8711ec290b34ba2c4cd5fbd99d9

“It turns us into the Wild West — whoever shoots first is the one who wins,” said Rhoads (D, Downtown-­ Nuu­anu-Liliha). “It just turns us into Dodge City and the quick or the dead, and that’s it.”

And Hanabusa of course has to chime in.

“This is not a second amendment issue. It’s a states’ rights issue. We shouldn’t fool ourselves,” Hanabusa said in a written statement. “This issue will end up before the U.S. Supreme Court and the state of Hawaii will have to join and argue on behalf of states’ rights. We know how best to regulate firearms to keep our communities safe and respect the rights of law abiding gun owners.”

One of my best friend’s wife is on her staff.  She’s anti-gun too, but had never shot or wanted to try for herself.

ETA - Reading comments. People seem to be waking up.

Sure is the wild wild west because no one told this guy that he shouldn't be carrying a gun
http://www.hawaiinewsnow.com/story/38673493/manhunt-continues-for-man-accused-in-puna-officers-fatal-shooting (http://www.hawaiinewsnow.com/story/38673493/manhunt-continues-for-man-accused-in-puna-officers-fatal-shooting)

but he did

yeah so Hawaii sure knows how to regulate firearms....only the criminals have them :grrr:
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: aieahound on July 25, 2018, 09:52:34 PM
Did you guys read that Star-Advertiser article?
 >:(

So many lies and so much ignorance.

Look what happened in Puna to the officer...What from the felon out of jail early with a stolen gun he was banned from carrying.
He's the reason we should be allowed to carry.

There is no difference in Hawaii in the concealed carry laws and open carry laws...
Geez reporter, at least read the law before you report on it. Heaven forbid.

The issue is exceptional need...
No it's not. Not for open carry.
At least watch the oral arguments if you can't be bothered with reading the decision before reporting.

Karle Rhodes wild, Wild West statement. Can you say ignorant fear monger?  :wtf: >:(

State's rights. Isn't she an attorney? We're talking about the Constitution of the United States of America.
What? People in Hawaii don't have Constitutional rights if the nanny State doesn't want them to?

At least Harvey made a good point.
In his personal opinion, concealed carry would be a much better alternative to open carry. (Because guns scare ignorant people like Karl Rhoades)

Mr.Young's article was awesome though.
He got his own article.
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: ren on July 25, 2018, 09:56:06 PM
What these politicians are telling us is that NO we can not protect ourselves - we must rely on the government. Relying on the government is the theme for us in Hawaii - not just 2A rights.
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: Rhed on July 25, 2018, 10:32:33 PM
I always think to myself... watching, reading, seeing, all these anti 2A, anti gun activists, politicians that find ways to strip our rights to guns in anyway, go around the 2nd Amendment and toss it in the side like there’s no meaning to it.  Do they even think about what makes us a proud country? A country of the free? The whole meaning of being a American citizens of the United States? Are they forgetting when we say—-

I pledge Allegiance to the flag
of the United States of America
and to the Republic for which it stands,
one nation under God, indivisible,
with Liberty and Justice for all.

Just my thoughts, no pun intended...
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: drck1000 on July 26, 2018, 06:58:41 AM
No state's rights on direct Constitutional matters.

Don't think that's what the Constitution says.  In any case, up to a higher court to decide.  I believe it's a fine line and one that many states, including Hawaii, has crossed.  Just to date, hasn't been successfully challenged. 

Tenth Amendment

Quote
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.[

Supremacy Clause

Quote
This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: drck1000 on July 26, 2018, 07:04:12 AM
Sure is the wild wild west because no one told this guy that he shouldn't be carrying a gun
http://www.hawaiinewsnow.com/story/38673493/manhunt-continues-for-man-accused-in-puna-officers-fatal-shooting (http://www.hawaiinewsnow.com/story/38673493/manhunt-continues-for-man-accused-in-puna-officers-fatal-shooting)

but he did

yeah so Hawaii sure knows how to regulate firearms....only the criminals have them :grrr:
Exactly.  And that's exactly the point that people commenting on the SA and HNN seem to be waking up to the fact of the matter.  The whole "this ain't the mainland" attitude.  No, it isn't, but wake up and see that things are changing here and in the case of violent crimes, not for the better. 
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: groveler on July 26, 2018, 07:18:13 AM
Obviously you care enough to whine about Hawaii And how much you dislike it, over and over again.

And great job openly admitting you would celebrate an attack on US citizens.
Q,
I love Hawaii.
I despise the people in Honolulu That run this state.
Tax us to death and deny us basic rights to protect
ourselves.
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: bojanglez on July 26, 2018, 12:28:01 PM
can you open carry in haleakala national park? I thought you could in national parks
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: changemyoil66 on July 26, 2018, 12:41:20 PM
can you open carry in haleakala national park? I thought you could in national parks

No, but maybe if you have a hunting permit is the only exception and are actively hunting.

Pretty sure though Haleakala doesn't allow hunting.
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: Flapp_Jackson on July 26, 2018, 01:24:45 PM
No, but maybe if you have a hunting permit is the only exception and are actively hunting.

Pretty sure though Haleakala doesn't allow hunting.

Not entirely accurate ...

Quote
Congress approved a new law allowing loaded firearms in national parks starting Feb. 22, 2010. That means people can
openly carry legal handguns, rifles, shotguns and other firearms and also may carry concealed guns as allowed by state
statute.

If you can possess firearms legally according to the laws of the state in which a park is located, you can generally carry
them in that park.

https://www.nps.gov/grca/learn/management/upload/Firearms-in-IMRparks2-2010.pdf
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: changemyoil66 on July 26, 2018, 01:27:26 PM
Not entirely accurate ...

https://www.nps.gov/grca/learn/management/upload/Firearms-in-IMRparks2-2010.pdf

Our laws state need hunting permit or something along that level.

Kind of like how suppressors are legal a the fed level, but illegal in Hawaii.

I could be wrong, I don't hunt so never really looked into it.  Just going by what I remember when reading the entire HRS134.
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: Flapp_Jackson on July 26, 2018, 01:32:06 PM
Our laws state need hunting permit or something along that level.

Kind of like how suppressors are legal a the fed level, but illegal in Hawaii.

I could be wrong, I don't hunt so never really looked into it.  Just going by what I remember when reading the entire HRS134.

If he's asking in the context of current laws, then you're right. 

This topic is about the probability of getting the state to change its laws re: carrying firearms for protection.

When/if that happens, lots of existing laws will need to change, including places to keep.  If carry is legalized, then the national parks regulations I posted would apply.

Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: changemyoil66 on July 26, 2018, 01:46:29 PM
If he's asking in the context of current laws, then you're right. 

This topic is about the probability of getting the state to change its laws re: carrying firearms for protection.

When/if that happens, lots of existing laws will need to change, including places to keep.  If carry is legalized, then the national parks regulations I posted would apply.

Thanks for the clarification. :shaka:
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: rhironaka808 on July 26, 2018, 05:24:39 PM
Obviously you care enough to whine about Hawaii And how much you dislike it, over and over again.

And great job openly admitting you would celebrate an attack on US citizens.
His screen name is grovler..... Maybe he filled out the description instead of screen name. Lol.
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: Soleyobo on July 27, 2018, 02:09:19 AM
I wonder if the open carry (if it ever passes) will carry over to POVs.
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: groveler on July 27, 2018, 12:49:54 PM
His screen name is grovler..... Maybe he filled out the description instead of screen name. Lol.

You get it!
That is what you have to do in this state to buy a gun, Grovel before the government.
That is why I selected that name.
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: ren on July 30, 2018, 10:30:02 PM
And here we go fighting against peoples' rights
https://www.khon2.com/news/local-news/hawaii-county-requests-more-time-to-fight-open-carry/1336030782 (https://www.khon2.com/news/local-news/hawaii-county-requests-more-time-to-fight-open-carry/1336030782)
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: Flapp_Jackson on July 30, 2018, 11:12:16 PM
And here we go fighting against peoples' rights
https://www.khon2.com/news/local-news/hawaii-county-requests-more-time-to-fight-open-carry/1336030782 (https://www.khon2.com/news/local-news/hawaii-county-requests-more-time-to-fight-open-carry/1336030782)

Quote
An attorney for the county tells us it wants a panel of judges to review the appeals court decision in hopes of having the ruling overturned.

I guess if that happens, it'll be filed for the Supreme Court to hear?

If you don't like Trump at all, you have to at the very least appreciate his beating Clinton so she's not appointing anti-2A justices.
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: zippz on July 30, 2018, 11:13:40 PM
Perhaps they need more time to find a better attorney.
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: RSN172 on July 31, 2018, 05:32:22 AM
I hope it goes to SCOTUS after Kavanaugh is appointed.
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: drck1000 on July 31, 2018, 08:19:05 AM
I guess if that happens, it'll be filed for the Supreme Court to hear?

If you don't like Trump at all, you have to at the very least appreciate his beating Clinton so she's not appointing anti-2A justices.
I was looking up the judges for 9th Circuit (as well as others).  Not surprisingly Bill Clinton was responsible for appointing a bunch of the judges on the 9th Circuit.   >:(
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: changemyoil66 on July 31, 2018, 09:29:21 AM
I hope it goes to SCOTUS after Kavanaugh is appointed.

If it goes there quickly, and there are only 8 judges, and it's a 4 to 4 split vote, then the original ruling my the 9th circuit stands.  So win, win.
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: macsak on July 31, 2018, 10:07:41 AM
If it goes there quickly, and there are only 8 judges, and it's a 4 to 4 split vote, then the original ruling my the 9th circuit stands.  So win, win.

I takes a long time before the case is even heard, and then more time to make a decision and write opinions
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: 6716J on July 31, 2018, 10:40:48 AM
Hawaii County only has 14 days to file the motion to appeal for an En Banc ruling. But there are other things that can extend the time or help them.
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: groveler on July 31, 2018, 01:05:05 PM
Hawaii County only has 14 days to file the motion to appeal for an En Banc ruling. But there are other things that can extend the time or help them.

Any ideas how to stop the motion, Legally of course?
The Big Island has a history of "fixing" things,
but this is a big deal and needs to be done right.
I applied for a carry license last week.  I expect
it to be refused as usual,  so I will need to file Qui Tam
against the Political officer in charge of the police dept.
 
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: zippz on July 31, 2018, 01:26:47 PM
patience young grasshoppers
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: zippz on July 31, 2018, 01:36:36 PM
What the case needs is amicus briefs, information supporting the case, submitted by organizations like the HRA, HDF, LIFE, etc.  They would need to be submitted within 30 days of the petition and would need to be reviewed by an attorney.   You can request your organizations to submit an amicus brief.  This is the most effective thing to do for an appeal.   Donations may also be needed which is being planned.
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: RSN172 on July 31, 2018, 05:10:53 PM
Then in 3 to 5 years from now, you may be allowed to carry in Hawaii.  Knowing this state, they will say the ruling only applies to Hawaii County, issue 6 month permits that cost $500 and just make it as difficult as possible to get a permit.
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: ren on July 31, 2018, 05:14:02 PM
Hawaii County only has 14 days to file the motion to appeal for an En Banc ruling. But there are other things that can extend the time or help them.

They will require the ruling to be made in Hawaiian, Japanese, Filipino, Chinese and sign language so that they can properly interpret.
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: drck1000 on July 31, 2018, 05:22:27 PM
I thought there was a ruling by which government can’t effective restrict or limit exercising of constitutional rights by making it prohibitively expensive. I thought it had to do with attempts to restrict exercising 2A rights by making guns and I think ammo super expensive through imposing taxes and fees.
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: RSN172 on July 31, 2018, 05:52:41 PM
Remember this Hawaii.  It is run by fools and idiots.
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: 2ahavvaii on July 31, 2018, 06:26:39 PM
Then in 3 to 5 years from now, you may be allowed to carry in Hawaii.  Knowing this state, they will say the ruling only applies to Hawaii County, issue 6 month permits that cost $500 and just make it as difficult as possible to get a permit.
they will, then see another lawsuit in court.

Thankfully there's a lot of carry permit models that we can point to as reasonable requirements.

As the judge pointed out, the requirements for carry cannot be so difficult as to prevent or discourage a law abiding citizen from exercising their carry rights.  What you just described does exactly that.  And as you say, it'll take another lawsuit in court.
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: RSN172 on July 31, 2018, 06:54:03 PM
The state doesn’t care.  They will pull all kinds of shenanigans so that it does get tied up in court for years.  We need either Congress or SCOTUS to do something so Hawaii and all the other restrictive states will be FORCED to issue permits.
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: changemyoil66 on July 31, 2018, 06:54:56 PM
they will, then see another lawsuit in court.

Thankfully there's a lot of carry permit models that we can point to as reasonable requirements.

As the judge pointed out, the requirements for carry cannot be so difficult as to prevent or discourage a law abiding citizen from exercising their carry rights.  What you just described does exactly that.  And as you say, it'll take another lawsuit in court.
Remember whats reasonable to people who know stuff about guns, is different to someone who knows nothing.

Even Nevada didnt ban bump stocks yet.

Sent from my SM-G920V using Tapatalk

Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: TastesLikeMetal on August 08, 2018, 10:08:55 PM
https://youtu.be/vZeI6gXv90c
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: Mr. Farknocker on August 16, 2018, 11:48:05 AM
A nice synopsis of the courts analysis.

https://www.youtube.com/watch?v=vZeI6gXv90c
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: Flapp_Jackson on August 16, 2018, 12:17:26 PM
A nice synopsis of the courts analysis.


Only 8 days after the post ahead of yours.  Good job!   :thumbsup:

 :D :D
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: changemyoil66 on August 16, 2018, 12:44:31 PM
I hope they post the video online again.  I wonder if the state will still look stupid.
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: London808 on August 16, 2018, 12:46:17 PM
I hope they post the video online again.  I wonder if the state will still look stupid.

It was the big island lawyer not state.

That being said :

The State of Hawaii just retained the former Solicitor General of the United States Neal Katyal to defend its carry law and they have petitioned the court to take over from the BI
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: changemyoil66 on August 16, 2018, 12:49:25 PM
Since he's for the constitution all of a sudden, then why would he argue against the 2a?

https://www.bloomberg.com/news/articles/2018-04-09/neal-katyal-runs-a-legal-swat-team-to-combat-president-trump

I guess since we dropped our Travel Ban suit, he has more free time?
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: TastesLikeMetal on August 17, 2018, 09:00:38 PM
Only 8 days after the post ahead of yours.  Good job!   :thumbsup:

 :D :D
Posted this more to show that it's National attention is snowballing, sorry if it's 8 days late... ::)
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: Flapp_Jackson on August 17, 2018, 09:58:57 PM
Posted this more to show that it's National attention is snowballing, sorry if it's 8 days late... ::)

I was picking on Mr. Farknocker.  Your video was posted 8 days before he posted the same thing.

 :geekdanc:
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: hvybarrels on August 19, 2018, 11:22:09 PM
It's possible he blocked the other guy and can't see his posts.
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: Flapp_Jackson on August 20, 2018, 09:47:34 AM
It's possible he blocked the other guy and can't see his posts.

Doesn't matter.  I quoted Farknocker, which means TastesLikeMetal can see that comment in my post.
Title: Re: Appeals court panel rules in favor of open carry in Hawaii
Post by: punaperson on August 21, 2018, 06:45:41 AM
Charles Nichols 8-minute podcast on Young v Hawaii, including how it has been binding precedent since the day it was published and still no attorney has filed for a TRO/Preliminary Injunction that would force the filed-against attorneys general of any state in the Ninth Circuit to conform to the open carry requirement of the decision.

http://blog.californiarighttocarry.org/?page_id=8372

I've written SAF, NRA, and GOA asking why they have not filed such actions. Only got a response from SAF, which hinted, after first wrongly claiming that Young has been appealed en banc, that they have some "double secret probation" strategy in the works. Sure they do. Let me guess. Amicus brief? They won't tell me. Since all those "gun rights organizations" oppose open carry (see their actual filings and oral arguments in Peruta and Richards), maybe they'll file an amicus for the defense?