2aHawaii
General Topics => Legal and Activism => Topic started by: changemyoil66 on August 07, 2023, 05:16:06 PM
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Butterfly knives are ruled as protected by the 2a.
But theyre not legal yet. The 9th is telling the state court to make it so.
Another loss for the AG. Hawaii is like 0-10.
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https://m.youtube.com/shorts/pao9HLSylGE
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Amazing how much national news attention this is getting. I guess cause this is the first pro 2a ruling the 9th ever made.
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knife registration, license to carry, sensitive places in 1,2,3....
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State is crying that they need more than 30 days to find history and tradition. And to get experts.
At least they finaly admitted Bruen says history and tradition.
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The history and tradition they going find is that the Filipinos had balisong knives from the first time they came to Hawaii.
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State is crying that they need more than 30 days to find history and tradition. And to get experts.
At least they finaly admitted Bruen says history and tradition.
A reasonable judge would ask, "How much longer do you think the state should be granted while the civil rights of our citizens are being denied? Maybe a valid precedent is difficult to find because one does not exist?"
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A reasonable judge would ask, "How much longer do you think the state should be granted while the civil rights of our citizens are being denied? Maybe a valid precedent is difficult to find because one does not exist?"
The state said that their procurement process takes months. As in hire and sign contracts with history experts and stuff like that.
If the judges give the state a few more months, then they will ask for more later. This is nothing but a stall tactic because HI knows the ramifications of their unconstitutional laws.
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The delay is suspicious as this case was argued in the 9th in February after Bruen required history. The State did provide history back then and the en banc appeal should just be a review of what happened previously with no new information required.
The State didn't present much history during their arguments because there isn't any. They're likely working more on this with Georgetown U and Everytown to find something.
In the end, this delay likely doesn't do much as the appeal would be put on hold pending the outcome of Duncan v Bonta (magazines) that just went en banc.
Going to have to wait a long time to buy your butterfly knives.
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https://youtu.be/3P8Nw5AX1_4?si=EYwMAJOA3fx0sUHN
Hawaii paying lawyers $2400 an hour...
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https://youtu.be/3P8Nw5AX1_4?si=EYwMAJOA3fx0sUHN
Hawaii paying lawyers $2400 an hour...
UIPA it and find out actually how much was spent.
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I met a guy who was already carrying one and told him that he might want to double check on the status. He said companies that didn't used to ship here are now shipping no problem. Is it gubbmint approved yet?
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We see the corruption of the 9th. The 7th ruled very quickly on "assault weapons", while we here is still waiting for this.
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Teters stay was removed by the 9th. So the ban is back in force of butterfly knives.
Hearing is in june.
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In the meantime if you know where to look and how to ask, you can buy them at the swap meet.
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https://www.youtube.com/watch?v=and3UFdpLTE
Alan argued infront the entire 9th today in Seattle.
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Synopsis by memory:
The Viet judge is the same judge that when told that there are millions of AR15's in the nation for the CA assault weapon case, she asked how many are in CA. Why this matters, is because in common use doesn't apply if only 1 state has X amount of AR's. So, she's asking a stupid question. She also stated during this hearing that she doesn't know how a butterfly knife works or other knives with regard to open carrying them.
1 judge asked if a fixed blade knife has a sheath, why can't a butterfly knife and then you can open carry it.
What I think the 9th is missing is that it's not on us to prove why we want to carry a butterfly knife, but it's on the state to show history and tradition, which they haven't. They haven't show a law back in the historical period that it's illegal to conceal a pocket knife.
The 9th seems to be wanting to make the case moot cause the state changed the law. Even if this law is for open carry only.
I only watched half the vid, so I'll update later once I watch the rest.
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Like I posted, Teter is a much bigger deal that it appears. As in, not only with regard to butterfly knives.
The judgers were grilling the State about legal jargan, I think it has something to do with if the 9th doesn't make a decision, then the State can just pass another law to ban the knives again at a later date. There's a word for it. A good portion wasn't even about butterfly knives, but this legal process instead.
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A lot of the discussion was if our 3 judge panel 2a win should be restored. The case would be a win and create precedent, however the law would be settled as moot. That is one of options the en banc court has.
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There's a decent chance that we will win this appeal. We have 6 Trump judges out of 11 on the panel which is like winning the lottery. Probably a first ever for a 9th circuit en banc panel.
A knife lawsuit may not be exciting, but this could be the first 2A win ever in the 9th Circuit En Banc, where 2A appeals normally go to die. This could become a precedent for all other 2A cases in the 9th to include firearms related lawsuits. Though Duncan v Bonta (Magazines) was heard en banc in March so I'm not sure how these two rulings would affect each other.
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A letter sent from Teters atty to the 9th circuit since there is a new bladed weapon ban proposed.
"I write to bring to the Court’s attention Hawaii SB No. 433.1
In this proposed
bill, Hawaii moves to restrict both the open and concealed carry of “bladed weapon,”
with an exception at this moment for only switchblades and butterfly knives.
On May 14, 2024, Defendants proposed that this case was moot because, inter
alia, Hawaii “eliminate open-carry prohibitions on certain weapons like daggers and
blackjacks…”
2
and “butterfly knives.” Defendants postulated that the “Hawaii
legislature has no plans to reenact a prohibition on the possession of butterfly knives,
and there is no record evidence that could possibly establish any reasonable expectation
that the old version of [§ 134-53] will be readopted.” See DktEntry 178-1 at 6. But as
can be seen from this proposal, Hawaii intends again to amend its law.
As it stands now, if this Court declines to rule on Plaintiffs’ appeal, then nothing
would stop Hawaii from amending § 134-53 to include a ban on butterfly knives in the
future. SB No. 433 proposes to ban the carry of all manner of types of commonly
owned pocketknives, flipping the burden to a potential defendant to prove, as “an
affirmative defense to prosecution,” that the “specific weapon carried” is “currently in
common use in this country for lawful self-defense purposes[.]” SB No. 433 at 3."
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Alan Beck the lawyer is being stiffed for attorney fees. The reason is because the state changed the law before a final ruling could be made. This isn't the first time this has happened.
This is why it's important to defeat bills before they become law. We are lucky to have Alan and Kevin O'Grady helping us for now. But at some point, they may not due to the cost.
The court even stated that what HI did was sneaky and they should be paying the lawyers they used more since they don't have to pay Alan for 5 years of work.