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Messages - Anubis

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So legally speaking what does this mean for Hawaii?
Looks like the Hawaii case is now a slam-dunk, unless the 9th contradicts itself.
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Legal and Activism / Hawaii mentioned on Illinois State Police CC website
« on: February 11, 2014, 04:14:27 PM »
(I didn't see any recent thread here on this.  Sorry if I missed one.)

Forced by a circuit court decision, Illinois recently enacted a "shall-issue" carry law.  No reciprocity for other states, but the law theoretically allows non-residents to apply for an IL carry license.  But of course the antis are still fighting, and so far only residents of Hawaii are supposedly allowed to apply.

Check it out at the following link by clicking on "checklist prior to applying" and scroll down to the non-resident section. https://ccl4illinois.com/ccw/public/home.aspx

The non-resident applicant must have a CC permit from his own state, so of course they picked never-issue Hawaii as the only state allowed!  Hilarious.
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Firearms and Accessories / Re: GLOCK
« on: January 28, 2013, 07:01:32 AM »
I have 3 Glocks (21 and 27) and have put about 4500 rounds through them with zero problems.  I use Federal ammunition, FMJ for practice and JHP for carry, with some test firing of JHPs of course.
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I noted the quotes indicating 2 weeks was a joke.  I was demonstrating that it could literally take years to get a ruling, which could be considered a bigger joke.
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...Should be "two weeks."

Don't hold your breath waiting for an opinion.  A similar case was argued 2011 Nov 17 in the 10th Circuit in Denver, then re-argued 2012 Mar 19, and still no opinion has been issued.

(Brief description: the court's case number is 11-1164, Peterson v. Martinez.  Peterson sued because his out-of-state concealed-carry permit is not recognized in Colorado.  He could carry openly elsewhere in Colorado, no permit required, but in Denver open carry is not legal; therefore his right to "bear" is infringed.  Argued last March by the awesome Alan Gura.)
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If there is a split the Supreme Court wants to resolve, which of the 2 cases would it pick?  Just the one it wants to reverse or both?
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Legal and Activism / Re: the lawsuit
« on: December 15, 2012, 06:16:12 AM »
Our cause could get an assist from the recent 7th Circuit Court opinion striking down Illinois' total prohibition on all forms of carry outside the home.  The ruling conforms to Heller and McDonald, and explicitly states that carrying outside the home is included in the right to bear arms.

If the IL Attorney General appeals, I predict SCOTUS will deny cert because it is in precise alignment with those earler SCOTUS opinions.  When the 7th Circuit opinion is affirmed, the fact that carrying outside the home is part of the 2A right will signal the end of may-issue everywhere.
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Good luck!  Maybe this court will be the first lower court to understand McDonald.  After the orals, there's only the 6-to-12-month wait for publication of the opinion.
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The only semi-special state is Illinois, which currently has NO concealed carry permit for anyone, not even double-secret-probation CCW permits for special friends of the C.O.P. like Hawaii.

No surprise that some in Chicago are above the law.

From http://www.suntimes.com/news/politics/5208647-418/conceal-carry-bill-fails-in-house.html : "But supporters turned the protection argument around by going after Chicago aldermen, who are permitted to carry concealed weapons"
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Legal and Activism / Re: Current 2A Cases
« on: April 06, 2011, 11:03:21 AM »
A list of some cases including status can be seen at http://wiki.calgunsfoundation.org/index.php/Litigation_Past_and_Present
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Legal and Activism / Re: National Concealed Carry Reciprocity
« on: March 02, 2011, 04:32:20 PM »
As the text reads, if this became law, I could CC in Hawaii but Hawaii residents could not.  That makes no sense to me, but many laws have that quality.

Snow will fall in Honolulu before the president signs this bill, in the unlikely event it gets to his desk.  Pursuing your permit-denial strategy and going to court would be a better idea.  How's that project going?



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Legal and Activism / Re: PBS "Insights" doing firearms discussion
« on: February 26, 2011, 01:07:55 PM »
Today I was surprised to receive a letter from Mr. Kaneshiro replying to my letter quoted in post #64 of this thread.

Kaneshiro: "To clarify statements made on the program and to address the points made in the first major paragraph of your letter, in Hawaii it [bold]is legal[/bold] for a gun owner to keep a registered, legal firearm in his or her home of place of business [sic].  The definition of "home" would also include the person's front yard,  or property.  Therefore, the use of a registered firearm in one's own front yard in defense during a threatening situation is a legal use of a firearm under Hawaii law."

Of course this ignores about 3/4 of what I stated in the said paragraph.  Another example of the futility of attempting to use logic on an anti.
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Legal and Activism / Re: Hawaii Concealed Carry - Permit Initiative.
« on: February 06, 2011, 07:31:58 AM »
It seems to me we are getting very close to putting a class action suit against the state.

It is impossible to ever pass shall-issue or constitutional-carry bills in Hawaii, so litigation is the only way to get the current will-not-issue practice declared unconstitutional (which it obviously is).  You've got some denials, and with Heller and McDonald on the books now, strike while the iron is hot!

When you go to court, I will happily contribute to the cause.
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Legal and Activism / Re: PBS "Insights" doing firearms discussion
« on: February 05, 2011, 10:04:11 AM »
I viewed the program on the PBS website, and I must say, HiCarry, that you were the most articulate panel member, and the only one who could make a logical point.  You did an excellent job.

I live in Colorado and  visit Hawaii to see relatives, so I see Hawaii gun laws as horribly restrictive.  I was so impressed with the lack of rationality of Mr. Kaneshiro that I had to send him some comments.  I quickly found his office's website and, of course, they have no email address to receive comments.  That did not deter me from mailing my views to him.  Probably no one here is interested in the details of my letter, but I include it here just in case...

Mr. Keith Kaneshiro
The Department of the Prosecuting Attorney
City & County of Honolulu
1060 Richards Street
Honolulu, HI 96813

Sir:

I watched the February 3 PBS discussion of gun control.  I thank you for taking the time to participate in the program.

I am a resident of Colorado, which has gun laws much different from those of Hawaii, but I have relatives in Waimea which I visit, so I am keenly aware of the differences and was interested in the PBS program.

You made two points which appear to be mutually contradictory to me.  You stated that Hawaii state law allows the legal gun owner to possess firearms in his home for the practical purpose  of defense against intruders.  Therefore, armed self defense must be legal.  When commenting on being attacked outside the home, where the law-abiding citizen cannot be legally armed, you stated that calling for police assistance on a cell phone will give adequate protection from armed attack.  Even if the police arrive within 2 or 3 minutes, that is obviously not going to afford protection from events occurring within a few seconds.  So in this case, armed self defense is illegal.  One could just as well state that firearms in the home are unnecessary also, since one can make a 911 call from home.  Armed self defense should logically be either legal or illegal in all cases, not sometimes legal and other times illegal.

You also stated that if law-abiding citizens could carry concealed weapons, people would soon be shooting each other over trivial disagreements like who gets a parking space on the street.  Of course at that point they wouldn't be law-abiding citizens, would they?  The same argument has been advanced in every state that has enacted mandatory-issue of concealed firearm licenses, and has proven groundless every time.  We have had mandatory issue here in Colorado since 2003, with thousands of licenses issued, and there has not been a single instance where a concealed pistol licensee has used a weapon to commit a crime.  Even before 2003, anyone in Colorado who could legally own a pistol could carry it in their vehicle for self-defense, or carry it openly in most places, and there were no associated wild-west shootouts then.

The futility of gun control laws is simply that they restrict law-abiding citizens and have no effect on criminals.  I know that illegal gun possession in Hawaii incurs mandatory prison time, so I will never bring a firearm when I visit my relatives there, of course—I don't want my life wrecked, so the law works on me.  But a dealer of illegal drugs in Honolulu will not hesitate to carry an illegal pistol because additional jail time for gun possession is trivial compared to the length of his sentence if he is convicted for dealing illegal drugs.

Thanks for reading my comments.

[signed my real name]
Aurora, Colorado

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Legal and Activism / Re: The Hawaii State Bill of Rights
« on: September 23, 2010, 06:10:33 AM »
Seems like "not be infringed" in section 17 must actually mean "be infringed", based on current restrictions.  Maybe previous court decisions in Hawaii have espoused the defunct collective-right theory...
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Technical Support / how2 change email address?
« on: June 12, 2010, 11:41:02 AM »
I am deleting my old email address due to spam.  I looked at my Profile, but don't see any email address or a way to change it.  Can it be that 2aHawaii does not keep it?  I am probably overlooking something.
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Legal and Activism / Re: [ChicagoGunCase] Chicago Magazine Profile
« on: December 30, 2009, 10:12:18 AM »
I thought everything was corrupt there :P

Only the local officials!  An interesting read, but there is one crucial error referring to the SCOTUS Miller decision: "Its position, as written in a 1939 decision, was that the 'keep and bear arms' language of the Second Amendment protected only the right of states to raise armed militias".

The ruling was that a short-barreled shotgun was not shown to be a weapon in common use on the battlefield.  Of course it was so used, but Miller's counsel did not show up to argue the point.  See http://en.wikipedia.org/wiki/United_States_v._Miller
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Legal and Activism / Re: Position for lawsuit for concealed carry in Hawaii
« on: November 14, 2009, 01:40:46 PM »
Quote
Do we need to wait for actual incorporation of the Second Amendment before challenging this decision?
I think so, because SCOTUS case 08-1521 McDonald v Chicago, which will probably be scheduled for oral arguments early in 2010, has the incorporation issue as the heart of the case, and it is extremely likely that the ruling will be in favor of incorporation.  Since the case is already in progress, the wait won't be very long anyway.

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Thanks for the link.  I couldn't find them on the SCOTUS site, but I figured they were somewhere.  Interesting reading!
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Legal and Activism / Re: Interesting shooting in Wisconsin
« on: October 25, 2009, 03:46:16 PM »
A person, technically illegally carrying a pistol...

The article did not state the man was carrying a concealed pistol; unlicensed open carry is legal in Wisconsin.

If this occurred in Hawaii, I would expect him to be arrested and charged for having a pistol on him outside his property.  HiCarry's linked story supports this theory---seems like self defense is frowned on in Hawaii, if not downright illegal.
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