Young v. State of Hawaii (Read 41719 times)

zippz

Re: Young v. State of Hawaii
« Reply #420 on: February 12, 2019, 04:59:57 PM »
Its open to the public

Good to hear.  I'm putting in my military space A flight request.  hopefully I get a seat during summer break.
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Charles Nichols

Re: Young v. State of Hawaii
« Reply #421 on: February 12, 2019, 06:37:08 PM »
Not seeing it posted anywhere else, I have, at great personal expense, downloaded the Opposition to the state's motion for supplemental briefing -> https://californiaopencarry.com/wp-content/uploads/2019/02/203-Young-v.-Hawaii-Plaintiffs-Opposiiton-to-Motion-for-Supplemental-Briefing.pdf

London808

Re: Young v. State of Hawaii
« Reply #422 on: February 14, 2019, 08:37:38 AM »
The 9th Circuit stayed Young v. Hawaii pending issuance of an opinion by the Supreme Court in New York Rifle & Pistol v. City of New York.
"Mr. Roberts is a bit of a fanatic, he has previously sued HPD about gun registration issues." : Major Richard Robinson 2016

6716J

Re: Young v. State of Hawaii
« Reply #423 on: February 14, 2019, 10:40:05 AM »
The 9th Circuit stayed Young v. Hawaii pending issuance of an opinion by the Supreme Court in New York Rifle & Pistol v. City of New York.

In laymans terms what does this mean for us here?
I'd rather have a bottle in front of me, than a frontal lobotomy.

punaperson

Re: Young v. State of Hawaii
« Reply #424 on: February 14, 2019, 10:43:07 AM »
The 9th Circuit stayed Young v. Hawaii pending issuance of an opinion by the Supreme Court in New York Rifle & Pistol v. City of New York.
I'm pretty sure that the stay is a consequence of the court having voted to take the case en banc, and has nothing at all to do with any other case in any other venue.

Some people have speculated that the en banc panel would delay publishing an opinion until the SCOTUS opinion is published.

And they don't (usually) take a case en banc in order to pronounce "Yep, you got it right. Good job."

Of course we could get unbelievably lucky in the draw for the panel, but the odds are way way way against getting a 2a-friendly majority.

EDIT: My bad, maybe. The 3 judge panel ruling/opinion was vacated/null when the case was accepted en banc. The en banc oral arguments were stayed (postponed) pending NYSRPA at SCOTUS. I think. Does anyone have a link to the order by the Ninth staying Young? I can't find it, and see no news articles about it... but various people are claiming that's the case. The latest posting on the Ninth Circuit site for Young v Hawaii is the order for en banc hearing issued Feb. 8.

Maybe the Ninth just hasn't updated their site yet...

« Last Edit: February 14, 2019, 03:18:38 PM by punaperson »

zippz

Re: Young v. State of Hawaii
« Reply #425 on: February 14, 2019, 02:43:07 PM »
I think the delay benefits us in that we'll have a better chance of winning in the 9th if Scotus sets a good president, but it's bad that the case gets dragged out longer.
Join the Hawaii Firearms Coalition at www.hifico.org.  Hawaii's new non-profit gun rights organization focused on lobbying and grassroots activism.

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Charles Nichols

Re: Young v. State of Hawaii
« Reply #426 on: February 21, 2019, 11:35:35 AM »
Mr. Young's attorneys filed an opposed motion to lift the stay of the en banc proceedings.

A link to the motion can be found at my website under my February 21, 2019, update -> https://californiaopencarry.com/young-v-state-of-hawaii-appeal-12-17808-won-en-banc-petition-filed-on-9-14-2018/ and possibly attached to this post.

changemyoil66

Re: Young v. State of Hawaii
« Reply #427 on: February 21, 2019, 01:10:03 PM »
Thanks for the info, but can you break down what this means and why in "rich dummy" terms?  I'm not good with this type of wordings.

punaperson

Re: Young v. State of Hawaii
« Reply #428 on: February 26, 2019, 09:13:09 AM »
Posted today at the SCOTUS site re NYSRPA:

Feb 25 2019   Joint motion to extend the time to file the briefs on the merits is granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including May 7, 2019. The time to file respondents' brief on the merits is extended to and including August 5, 2019.

https://www.supremecourt.gov/docket/docketfiles/html/public/18-280.html

* * * * *

What this means is that Tom King's (executive director of NYSRPA) claim that the case would definitely be heard this spring, and a decision thus announced by late June, is officially a crock of shit. The case won't be heard until at least October (when the court reconvenes) and a decision may not be announced until June 2020 (though it could come any time before then and after the oral arguments).

Young's attorneys have filed to remove the stay placed by the Ninth Circuit on Young pending SCOTUS rendering it's decision in NYSRPA (Since SCOTUS has a long history of rendering rather narrow decisions, what does a law banning the transportation of an unloaded firearm in a locked container to anyplace other than an approved range in NYC have to do with carrying a loaded firearm for self-defense outside the home?). I suspect that the chances of the Ninth lifting it's own stay are approximately zero. That means that orals for Young en banc won't even be scheduled until NYSRPA is announced... then add on to that that the previous 2A en banc cases average 16 months from orals to opinion being announced... we're looking at 2021 or 2022 before we get the decision in Young, and if (haha) it loses there it may then be appealed to SCOTUS for 2023 or maybe even 2024! (Or even way longer if en banc remands for a do-over in district court.) This is justice? ("Justice delayed is justice denied.") And they wonder why some people refuse to obey laws that deny them the exercise of their constitutionally-protected rights to self-defense? What a fucking joke!  :wtf:

changemyoil66

Re: Young v. State of Hawaii
« Reply #429 on: February 26, 2019, 10:33:32 AM »
This shows how bias our court system is.  A case about a baker refusing to bake a gay cake goes to the SCOTUS very quickly.  But anything 2a gets denied or delayed.

punaperson

Re: Young v. State of Hawaii
« Reply #430 on: February 27, 2019, 07:29:09 PM »
February 26, 2019.

The motion to lift the stay was denied.  The stay of Young v. Hawaii remains in place until after there is a decision in NYSRPA v. NYC.

6716J

Re: Young v. State of Hawaii
« Reply #431 on: February 28, 2019, 11:57:28 AM »
February 26, 2019.

The motion to lift the stay was denied.  The stay of Young v. Hawaii remains in place until after there is a decision in NYSRPA v. NYC.

COME ON 2027!!! Baby I can taste the freedom now!
I'd rather have a bottle in front of me, than a frontal lobotomy.

punaperson

Re: Young v. State of Hawaii
« Reply #432 on: February 28, 2019, 12:22:02 PM »
COME ON 2027!!!
Whence the optimism?

6716J

Re: Young v. State of Hawaii
« Reply #433 on: February 28, 2019, 01:21:05 PM »
Whence the optimism?

Just being positive  :D
I'd rather have a bottle in front of me, than a frontal lobotomy.

Charles Nichols

Re: Young v. State of Hawaii
« Reply #434 on: March 02, 2019, 05:17:43 PM »
28 U.S. Code §2101(e) -> "An application to the Supreme Court for a writ of certiorari to review a case before judgment has been rendered in the court of appeals may be made at any time before judgment."  See SCOTUS Rule 11.

punaperson

Re: Young v. State of Hawaii
« Reply #435 on: April 12, 2019, 06:58:23 AM »
Wolfwood: Do you know if this is true? (from another forum):

"Latest from CRPA in the Firing Line [magazine]. Is that the state has appealed to have Flanagan and Young heard as a joint hearing."

wolfwood

Re: Young v. State of Hawaii
« Reply #436 on: April 12, 2019, 11:43:14 AM »
Wolfwood: Do you know if this is true? (from another forum):

"Latest from CRPA in the Firing Line [magazine]. Is that the state has appealed to have Flanagan and Young heard as a joint hearing."

the request was denied
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wolfwood

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punaperson

Re: Young v. State of Hawaii
« Reply #438 on: April 30, 2019, 09:05:12 AM »
This just in from SCOTUS re NYSRPA... a big fuck you to New York City asking for a stay while they attempted to moot the case by making some revisions to the law...

Apr 29 2019   Motion of respondents to hold briefing schedule in abeyance DENIED.

[The above is my version, here's the original as on the site: Apr 29 2019   Motion of respondents to hold briefing schedule in abeyance DENIED.]

https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/18-280.html

changemyoil66

Re: Young v. State of Hawaii
« Reply #439 on: April 30, 2019, 09:09:00 AM »
What is the reason why Young would take so long?  That Christian banker who refused to bake a cake went to SCOTUS very quickly.  So 1st amendment gets a "speedy hearing", but 2a gets jack.