2aHawaii

General Topics => Legal and Activism => Topic started by: changemyoil66 on September 29, 2022, 11:52:25 AM

Title: So it begins (on Oahu)
Post by: changemyoil66 on September 29, 2022, 11:52:25 AM
https://www.honolulu.gov/cms-csd-menu/site-csd-sitearticles/1564-site-csd-news-2022-cat/48872-09-29-22-mayor-blangiardi-announces-steps-to-keep-residents-safe-as-new-concealed-carry-regulations-will-soon-go-into-effect.html?fbclid=IwAR38Qjq2WMxGmWNlKMMqj-IVvHnVP3caSlHfkx5vI4xTFVioTX-6XTgElO0

Property owner must consent to being armed.  Which means the tenant cannot give the approval. And you must now announce you're armed.  They are quick to state that a guns welcome sign is not needed.

Sounds like this would also apply to the parking lot. Which means you gotta talk to the owner from the sidewalk and cannot park your car yet.
Title: Re: So it begins (on Oahu)
Post by: Flapp_Jackson on September 29, 2022, 01:01:45 PM
According to the Bruen decision, courts and lawmakers are not allowed to use a "balancing" approach between a Constitutional right and the government's interests in furthering public safety.  Basically, your right to feel safe stops where my right to carry starts.

The test, according to SCOTUS, is (1) text -- does the conduct fall within the purview of the Second Amendment based on the language of the amendment?, and (2) is there a historical tradition where such restrictions were common (traditional)?  The years 1791 & 1868 are when you must look for historical analogous laws, such as banning carry in parks, at public events or recreation centers.  20th Century laws are not "historical" for this purpose.

So, our mayor making prohibiting carry in parks is absolutely unconstitutional and conflicts with the Bruen decision.

That's what a judge in Virginia just ruled.  So  ..... yeah.


https://youtu.be/ZM_C_kyzA3g

Title: Re: So it begins (on Oahu)
Post by: changemyoil66 on September 29, 2022, 01:09:14 PM
According to the Bruen decision, courts and lawmakers are not allowed to use a "balancing" approach between a Constitutional right and the government's interests in furthering public safety.  Basically, your right to feel safe stops where my right to carry starts.

The test, according to SCOTUS, is (1) text -- does the conduct fall within the purview of the Second Amendment based on the language of the amendment?, and (2) is there a historical tradition where such restrictions were common (traditional)?  The years 1791 & 1868 are when you must look for historical analogous laws, such as banning carry in parks, at public events or recreation centers.  20th Century laws are not "historical" for this purpose.

So, our mayor making prohibiting carry in parks is absolutely unconstitutional and conflicts with the Bruen decision.

That's what a judge in Virginia just ruled.  So  ..... yeah.


https://youtu.be/ZM_C_kyzA3g

Everyone here knows this.  But the law makers don't care.  "F/U, sue us" is the mentality.  Then  like Zipps said, how many years will it take until ruling.  Which means unless an injunction is granted, the law/ordinance is allowed.
Title: Re: So it begins (on Oahu)
Post by: ren on September 29, 2022, 01:15:28 PM
all these sensitive places that are listed are where criminal shootings have taken place. Laws didnt work to begin with so why prohibit LAW ABIDING citizens from defending themselves.
Title: Re: So it begins (on Oahu)
Post by: hvybarrels on September 29, 2022, 01:21:19 PM
Just wait until after the election when Biden stops tapping the strategic petroleum reserve and gas prices go to ten bucks a gallon

911 is about to become a busy signal
Title: Re: So it begins (on Oahu)
Post by: changemyoil66 on September 29, 2022, 01:49:39 PM
all these sensitive places that are listed are where criminal shootings have taken place. Laws didnt work to begin with so why prohibit LAW ABIDING citizens from defending themselves.

All these anti's remind me of someone.  They think they can make up the definition of what a sensitive place is, thus making it true.
Title: Re: So it begins (on Oahu)
Post by: drck1000 on September 29, 2022, 02:47:28 PM
All these anti's remind me of someone.  They think they can make up the definition of what a sensitive place is, thus making it true.
They think they can define what is a sensitive, safe, etc space.  It is until someone who doesn't follow the rules makes it otherwise. . .

Bury your head in the sand all you want. . . decide what your reality is. . . because momma said you're special. . .  ::)
Title: Re: So it begins (on Oahu)
Post by: hvybarrels on September 29, 2022, 08:23:10 PM
Just remember

Anyone who wants to carry a gun is a selfish and terrible person

Time for a freedom suppository

https://www.civilbeat.org/2022/09/honolulu-mayor-wants-guns-banned-from-many-public-areas/
Title: Re: So it begins (on Oahu)
Post by: eyeeatingfish on September 29, 2022, 08:33:57 PM
What happens when it is section 8? That would be a government program going along with a landlord who might say no guns which would mean 2nd amendment rights being denied by a government tied entity.
Title: Re: So it begins (on Oahu)
Post by: changemyoil66 on September 29, 2022, 08:54:20 PM
https://www.syracuse.com/crime/2022/09/syracuse-federal-judge-remains-skeptical-of-ny-gun-law-as-he-considers-whether-to-quash-it.html


Steven was at the july 4th BBQ.

Sent from my SM-G991U using Tapatalk

Title: Re: So it begins (on Oahu)
Post by: nickelzismoney on September 29, 2022, 10:54:38 PM
Welp, time to get the ol 2A lawsuit suit on
Title: Re: So it begins (on Oahu)
Post by: Flapp_Jackson on September 29, 2022, 11:24:16 PM
What happens when it is section 8? That would be a government program going along with a landlord who might say no guns which would mean 2nd amendment rights being denied by a government tied entity.

"Government-tied entity?"  You got a reference for the definition of that?

Now, if the government owns and operates the property, that's a totally different issue.

Federal court overturns gun bans in Public Housing
Quote
A federal District Court judge recently ruled that banning the lawful possession
of firearms by Public Housing residents is unconstitutional.

In a case brought against the East St. Louis Housing Authority (ESLHA), a Public
Housing resident claimed that ESLHA’s restriction against tenants having firearms
in their units violated her Second Amendment rights. The case was brought by the
Second Amendment Foundation and the Illinois State Rifle Association on behalf
of the resident.
https://affordablehousingonline.com/blog/federal-court-overturns-gun-bans-public-housing/
Title: Re: So it begins (on Oahu)
Post by: robtmc on September 30, 2022, 07:22:29 AM
Y'all just knew they would throw as many obstacles out there as they could come up with.

Maybe 10 years from now it will have all filtered through the courts.
Title: Re: So it begins (on Oahu)
Post by: Rocky on September 30, 2022, 07:41:20 AM
Just wait until after the election when Biden stops tapping the strategic petroleum reserve and gas prices go to ten bucks a gallon
911 is about to become a busy signal

 :wave:
Title: Re: So it begins (on Oahu)
Post by: changemyoil66 on September 30, 2022, 09:09:24 AM
Interesting the Big Island counsel member who submitted the ordinance said he did so at request of retiring Hawaii PD chief.  But he even thinks this is over reaching.

So at what point would the counsel tell the police no?
Title: Re: So it begins (on Oahu)
Post by: hvybarrels on September 30, 2022, 09:58:27 AM
1911 is about to become a busy signal
FIFY
 :wave:

(http://www.quickmeme.com/img/cf/cf639d8f2960393e93b691100beb82444c8a1f024841c19f17e41a7ac00b999f.jpg)
Title: Re: So it begins (on Oahu)
Post by: QUIETShooter on September 30, 2022, 05:58:09 PM
I hadda peeling dey going drag dis fackah out...........
Title: Re: So it begins (on Oahu)
Post by: eyeeatingfish on September 30, 2022, 10:24:11 PM
"Government-tied entity?"  You got a reference for the definition of that?

Now, if the government owns and operates the property, that's a totally different issue.

Federal court overturns gun bans in Public Housinghttps://affordablehousingonline.com/blog/federal-court-overturns-gun-bans-public-housing/

I was thinking something along the lines of Kamehameha school. A few years back the government cut the JROTC program out of Kamehameha Schools because of the race based admission policy. It is a private school but received government money through the JROTC program. I don't know if there is a specific term for this so I picked those words to describe it. So in this case, a landlord accepting government money would be denying a constitutional right.
Title: Re: So it begins (on Oahu)
Post by: Flapp_Jackson on September 30, 2022, 10:38:59 PM
I was thinking something along the lines of Kamehameha school. A few years back the government cut the JROTC program out of Kamehameha Schools because of the race based admission policy. It is a private school but received government money through the JROTC program. I don't know if there is a specific term for this so I picked those words to describe it. So in this case, a landlord accepting government money would be denying a constitutional right.

If the government paid the landlord directly out of some fund that's for the landlord's use alone, that would be similar to the JROTC situation.

But, it the money is paid on behalf of and for the benefit of a specific tenant, That's not money being paid TO the landlord,  It's paid TO the tenant for their housing.  That the money then goes to the landlord is incidental to process -- it still was paid to the benefit of the tenant.  The tenant could be living in any number of subsidized apartment houses, but they chose this one.  The funding follows the tenant.

In the case of JROTC, the money remains with the school -- and if the money remained with the landlord should the tenant leave, then it would be the same situation.

Military members are given a housing allowance to live off base.  Are you saying the landlords that collect  the military members' rent are now "government tied" and under additional federal restrictions (like gun policies) which all other landlords are not?
Title: Re: So it begins (on Oahu)
Post by: Stack_Xchange on October 04, 2022, 06:32:45 AM
1)  At 4.07 police killings per capita, Hawaii is above average when compared to the rest of the nation. Why are police allowed to carry their guns in certain "sensitive places" while off-duty? If the goal of the citizen ban is to "keep gun violence rates the lowest in the nation", we should ask the off-duty police to do the same since they are so dangerous.

2) Thoroughly explain the benefits of a default prohibition of firearms for private entities as a cost-saving mechanic by removing the need for signage.

3) Thoroughly explain how the default prohibition of firearms in private entities reduces confrontations exclusively. That is, why not allow them by default, also to "reduce confrontations".

Title: Re: So it begins (on Oahu)
Post by: changemyoil66 on October 05, 2022, 10:19:38 AM
https://bearingarms.com/camedwards/2022/10/05/hawaii-county-council-members-object-to-sweeping-sensitive-places-proposal-n62974?fbclid=IwAR3-NrnZE9dm-BmcZ_d9kBfEtnHccKOglsILmBJBkc8Hsb-eLPaJwMakidw

Big Island rejected the ordinance bill as is.  Wow.
Title: Re: So it begins (on Oahu)
Post by: groveler on October 05, 2022, 12:59:14 PM
https://bearingarms.com/camedwards/2022/10/05/hawaii-county-council-members-object-to-sweeping-sensitive-places-proposal-n62974?fbclid=IwAR3-NrnZE9dm-BmcZ_d9kBfEtnHccKOglsILmBJBkc8Hsb-eLPaJwMakidw

Big Island rejected the ordinance bill as is.  Wow.
I didn't even know this was on the Agenda!
My council critter is an ANTI- GUN NUT so
talking to her is useless.
I'm still trying to kill the obnoxious rules the police chief dreamed up
to get a CCW. They have no basis in law so still fit the unconstitutional
"tests" you have to pass to exercise your constitutional rights.
Do not comply.
Lawyer on speed dial.
Old men don't care about life sentences.
Fuck THEM!
 :shaka:
Title: Re: So it begins (on Oahu)
Post by: changemyoil66 on October 05, 2022, 01:07:09 PM
I didn't even know this was on the Agenda!
My council critter is an ANTI- GUN NUT so
talking to her is useless.

Do not comply.
Lawyer on speed dial.
Old men don't care about life sentences.
Fuck THEM!
 :shaka:

We still need your help by submitting testimony.  Every testimony counts as 1 more for us. Like with the missing testimonies for the HPD CCW rules, we are outnumbered 100 to 77.
Title: Re: So it begins (on Oahu)
Post by: eyeeatingfish on October 06, 2022, 11:01:58 PM
If the government paid the landlord directly out of some fund that's for the landlord's use alone, that would be similar to the JROTC situation.

But, it the money is paid on behalf of and for the benefit of a specific tenant, That's not money being paid TO the landlord,  It's paid TO the tenant for their housing.  That the money then goes to the landlord is incidental to process -- it still was paid to the benefit of the tenant.  The tenant could be living in any number of subsidized apartment houses, but they chose this one.  The funding follows the tenant.

In the case of JROTC, the money remains with the school -- and if the money remained with the landlord should the tenant leave, then it would be the same situation.

Military members are given a housing allowance to live off base.  Are you saying the landlords that collect  the military members' rent are now "government tied" and under additional federal restrictions (like gun policies) which all other landlords are not?

I don't know exactly how payment for Section 8 housing or other types of public housing works, I was just looking at a possible angle that a legal case could be made if this passed.
Title: Re: So it begins (on Oahu)
Post by: Flapp_Jackson on October 06, 2022, 11:16:28 PM
I don't know exactly how payment for Section 8 housing or other types of public housing works, I was just looking at a possible angle that a legal case could be made if this passed.

People bring bogus legal cases from every angle all the time.  If you can imagine it, someone has filed a lawsuit over it.
Title: Re: So it begins (on Oahu)
Post by: changemyoil66 on October 28, 2022, 08:55:38 AM
Update

City Counsel meeting on Nov 2nd, no sensitive places bill on the agenda. Next meeting is in December.