9th Circuit Victory: Peruta v. San Diego 2/13/2014. (Read 52610 times)

Funtimes

Re: 9th Circuit Victory: Peruta v. San Diego 2/13/2014.
« Reply #60 on: February 15, 2014, 02:55:03 PM »
Not to muddy the waters, but it just occurred to me.  Since every (legal) gun owner in HI has already jumped through the background checks, etc. to even own a  firearm (or maybe just handguns), wouldn't that make every owner in HI automatically eligible for a carry permit upon a "final" favorable decision by the Court(s)?

After all, haven't you already "presented yourselves in person," "at room so-and-so" at "such-and-such building," etc. and been pre-qualified  for shall-issue that way?

Dumb mainlander here, not very familiar with the hoops you've got to jump through,  asking what is probably a dumb question.

Terry

You have to bring photos of yourself (for the license), pay $10.00, and fill out the application with the firearms you will carry.  That's pretty much it.
Check out the Hawaii Defense Foundation.
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Posts are not legal advice & are my own, unless said so.

Gordyf

Re: 9th Circuit Victory: Peruta v. San Diego 2/13/2014.
« Reply #61 on: February 15, 2014, 06:28:09 PM »
Hawaii is no where near as bad as CA depending on where you live.  If "carry" is your biggest thing, then HI would be worse.  But gun / mag restrictions etc. here are way more of a pain in the ass (and more expensive).

True enough Chris.
I am now half owner in a place in Sacramento, and the wife and I have toyed with the idea of moving to America.
My collection of rifles and pistols may or may not pass CA muster. I makes the Oregon coast look better.
Aloha
Gordy

pastordennis

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Re: 9th Circuit Victory: Peruta v. San Diego 2/13/2014.
« Reply #62 on: February 15, 2014, 07:43:57 PM »
Please keep the discussion going. I am learning as I read. Cant wait till I apply for CCW.

Haoleb

Re: 9th Circuit Victory: Peruta v. San Diego 2/13/2014.
« Reply #63 on: February 15, 2014, 07:44:04 PM »
Not to muddy the waters, but it just occurred to me.  Since every (legal) gun owner in HI has already jumped through the background checks, etc. to even own a  firearm (or maybe just handguns), wouldn't that make every owner in HI automatically eligible for a carry permit upon a "final" favorable decision by the Court(s)?

After all, haven't you already "presented yourselves in person," "at room so-and-so" at "such-and-such building," etc. and been pre-qualified  for shall-issue that way?

Dumb mainlander here, not very familiar with the hoops you've got to jump through,  asking what is probably a dumb question.

Terry

This would not exactly qualify you for a carry permit. Some states also require you to have specific training to get a concealed carry permit. The Maine concealed carry permit I have required me to take a NRA handgun class as one of the requirements, or you may also demonstrate proper handgun safety to someone like the police chief in your local town. I took the NRA pistol class here in Hawaii primarily for the purpose of getting my Maine CWP, but also as a way to introduce my girlfriend to firearms as I made her take it with me, which she really enjoyed btw! Maine also does not care what guns you plan to carry so they do not ask for that information but some states do. I saw a NY state permit that had each of the handguns listed on the back of the permit.

I would assume that a state such as Hawaii would require some kind of specific training. In many states you can open carry without any permit at all. Then again, in many states you can walk into a gun store buy whatever the hell you want and leave there 10 minutes later gun in hand with only filling out the ATF 4473 form we all know that is not the case here.

OldFaithful

Re: 9th Circuit Victory: Peruta v. San Diego 2/13/2014.
« Reply #64 on: February 15, 2014, 08:44:54 PM »
Hopefully our NRA certified firearms training for handguns will cover it.  Idk why it shouldn't.  It proves we demonstrated safe handling and operation of a firearm and were taught about the laws.

Bunker

Re: 9th Circuit Victory: Peruta v. San Diego 2/13/2014.
« Reply #65 on: February 15, 2014, 09:06:08 PM »
Hopefully our NRA certified firearms training for handguns will cover it.  Idk why it shouldn't.  It proves we demonstrated safe handling and operation of a firearm and were taught about the laws.
If I were to guess, I would say no because they would probably require stuff specific to CCW and any legal stuff pertaining to it. I just can't imagine they would make it easy for anyone, especially since in reality, they don't want anyone to have one to begin with. Just my opinion.

Funtimes

Re: 9th Circuit Victory: Peruta v. San Diego 2/13/2014.
« Reply #66 on: February 15, 2014, 09:11:55 PM »
Hopefully our NRA certified firearms training for handguns will cover it.  Idk why it shouldn't.  It proves we demonstrated safe handling and operation of a firearm and were taught about the laws.

Other than the handgun fundamentals, I would say that people need a completely different course of training for CCW.  Whether or not the state requires that we would see (they would, we know they would).  I'm more of a fan of the Arizona style licensing.  Constitutional carry for most areas, and then permitted carry in dense zones which requires training (schools, entertainment venues etc.).
Check out the Hawaii Defense Foundation.
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Posts are not legal advice & are my own, unless said so.

punaperson

Re: 9th Circuit Victory: Peruta v. San Diego 2/13/2014.
« Reply #67 on: February 15, 2014, 09:38:52 PM »
19 states petition SCOTUS re "justifiable need" for CCW... sound familiar?

From TTAG, with hyperlinks to original material, at http://www.thetruthaboutguns.com/2014/02/matt-in-fl/weekend-digest-215/#more-297219:

The Wyoming Attorney General’s Office, acting as counsel for Wyoming and 18 other states, filed an amicus brief on Wednesday asking the U.S. Supreme Court to grant a hearing in the case of Drake v. Jerejian, a New Jersey case which has at issue “(1) Whether the Second Amendment secures a right to carry handguns outside the home for self-defense; and (2) whether state officials violate the Second Amendment by requiring that individuals wishing to exercise their right to carry a handgun for self-defense first prove a “justifiable need” for doing so.” The Wyoming brief says that the 19 states are concerned that if the appeals court ruling stands, it could threaten their less restrictive concealed carry laws.” The NRA has also filed a brief in support of the case. The other states joining in the brief are Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Kansas, Kentucky, Louisiana, Michigan, Missouri, Nebraska, New Mexico, Ohio, Oklahoma, South Carolina, South Dakota and West Virginia.

punaperson

Re: 9th Circuit Victory: Peruta v. San Diego 2/13/2014.
« Reply #68 on: February 15, 2014, 09:46:31 PM »
And for another view of the issue (I'd pay to see her come to Hawaii and debate Abercrombie on Second Amendment issues... how much more different could two governors be?):

SC Governor Haley Supports Constitutional Carry

By Dean Weingarten on February 15, 2014

Hot on the heels of signing a bill allowing concealed carry in South Carolina bars and restaurants, Governor Nikki Haley has come out in favor of dropping the permitting process altogether. The idea is to restore the right to carry arms without government permission. According to thestate.com, ”Nikki Haley said Tuesday that she backs a proposal that would make it legal for most South Carolinians to carry guns – concealed or in the open – without a permit or the training that the state currently requires.[emphasis added]” . . .

Constitutional carry is currently the law in five states and is being considered in several others. No problems have been noted in those states that can be attributed to the restoration of full Second Amendment carry rights.

State Sen. Lee Bright, R-Spartanburg, the chief sponsor of the constitutional-carry proposal, says the 2nd Amendment gives Americans the right to carry firearms without any government restrictions.

As usual, there are the “I support the second amendment, but” naysayers. Chief among them appears to be Senator Larry Martin R-Pickens, who is the head of the Senate Judiciary Committee, where the constitutional carry bill is currently bottled up. He’s credited with killing constitutional carry last year. Here’s the money quote, emphasis added:

“Is it (carrying firearms) a right under our Constitution? Sure it is. But it’s also a huge responsibility that we as citizens should respect.”

Respect does not mean we must allow the government to charge us fees and require us to attend classes and essentially prove that we are not criminals before we can exercise our rights. That’s what’s known as prior restraint.

©2014 by Dean Weingarten: Permission to share is granted when this notice is included.
Gun Watch

From (with hyperlinks to original material): http://www.thetruthaboutguns.com/2014/02/dean-weingarten/sc-governor-haley-supports-constitutional-carry/#more-296555

MisterEd

Re: 9th Circuit Victory: Peruta v. San Diego 2/13/2014.
« Reply #69 on: February 16, 2014, 11:53:43 AM »
I'm Chris's lawyer along with RIck Holcomb. Do not apply for a CCW right now. You will just be denied. Wait until at least Baker comes out.
As for carrying long arms, that issue is going to be resolved in Young. Hawaii conceded that Hawaii's complete ban on carrying rifles and shotguns is unconstitutional.
Still you'll have to wait for a decision in Young for that concession to mean anything.

Thanks Wolfwood.

tundah

Re: 9th Circuit Victory: Peruta v. San Diego 2/13/2014.
« Reply #70 on: February 16, 2014, 12:07:17 PM »
All very hopeful, nevertheless if ruling is upheld, and Hawaii politicians being what they are, I'd expect a torrent of legislative end runs designed to thwart the effectiveness of carry laws. Probably in the realm of not allowing ammo to be kept in vicinity of carried weapons or some such nonsense.

K30l4

Re: 9th Circuit Victory: Peruta v. San Diego 2/13/2014.
« Reply #71 on: February 16, 2014, 12:26:44 PM »
I'm Chris's lawyer along with RIck Holcomb. Do not apply for a CCW right now. You will just be denied. Wait until at least Baker comes out.
As for carrying long arms, that issue is going to be resolved in Young. Hawaii conceded that Hawaii's complete ban on carrying rifles and shotguns is unconstitutional.
Still you'll have to wait for a decision in Young for that concession to mean anything.

Thanks wolfwood. I was wondering if there was a date set for all of us to meet and apply on the same day.O0

Please keep us posted. Happy Aloha Sunday Gang!

MisterEd

Re: 9th Circuit Victory: Peruta v. San Diego 2/13/2014.
« Reply #72 on: February 17, 2014, 01:23:19 PM »
Thanx to punaperson for a great letter.  :thumbsup: :thumbsup: :thumbsup: 

I modified it slightly, just so it's not identical, and sent to each and every senator.

punaperson

Re: 9th Circuit Victory: Peruta v. San Diego 2/13/2014.
« Reply #73 on: February 17, 2014, 04:13:28 PM »
Thanx to punaperson for a great letter.  :thumbsup: :thumbsup: :thumbsup: 

I modified it slightly, just so it's not identical, and sent to each and every senator.
You're welcome. Just thought I'd share it and the easily paste-able senate email list in case other people want them to know that we are watching what they do, or, more likely, don't do. I'm not expecting any action will be taken until the courts demand the legislature end the unconstitutional current laws. I suppose it's possible that someone besides Senator Slom, and possibly Senator Gabbard, could voice support for the Peruta decision and the fact that the exact same legal reasoning applies to Hawaii's "no issue" concealed carry policy.
 
I modified the second paragraph/sentence slightly and sent it to all the representatives:

Please support one of the currently pending "Shall Issue" Concealed Carry bills (SB2168 or SB2353) (hopefully) coming before the appropriate Senate Committees in the very near future. I'm asking that you lobby for these bills with your Senate colleagues and that you then support whatever form the bill(s) take when taken up by House committees and the full House.

repcachola@capitol.hawaii.gov,
repaquino@capitol.hawaii.gov,
repawana@Capitol.hawaii.gov,
repfale@capitol.hawaii.gov,
repbelatti@capitol.hawaii.gov,
repbrower@capitol.hawaii.gov,
repcabanilla@Capitol.hawaii.gov,
repcachola@capitol.hawaii.gov,
repcarroll@capitol.hawaii.gov,
repchoy@capitol.hawaii.gov,
repcreagan@capitol.hawaii.gov,
repcullen@capitol.hawaii.gov,
reping@capitol.hawaii.gov,
repevans@capitol.hawaii.gov,
repfukumoto@capitol.hawaii.gov,
rephanohano@capitol.hawaii.gov,
repito@capitol.hawaii.gov,
rephar@capitol.hawaii.gov,
rephashem@capitol.hawaii.gov,
repichiyama@capitol.hawaii.gov,
reping@capitol.hawaii.gov,
repito@capitol.hawaii.gov,
repjohanson@capitol.hawaii.gov,
repjordan@capitol.hawaii.gov,
repkawakami@capitol.hawaii.gov,
repkobayashi@capitol.hawaii.gov,
repclee@capitol.hawaii.gov,
replowen@capitol.hawaii.gov,
repluke@capitol.hawaii.gov,
repmatsumoto@capitol.hawaii.gov,
repmcdermott@capitol.hawaii.gov,
repmckelvey@capitol.hawaii.gov,
repmizuno@capitol.hawaii.gov,
repmorikawa@capitol.hawaii.gov,
repnakashima@capitol.hawaii.gov,
repnishimoto@capitol.hawaii.gov,
repohno@capitol.hawaii.gov,
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repward@capitol.hawaii.gov,
repwoodson@capitol.hawaii.gov,
repwooley@capitol.hawaii.gov,
repyamane@capitol.hawaii.gov,
repyamashita@capitol.hawaii.gov


Tom_G

Re: 9th Circuit Victory: Peruta v. San Diego 2/13/2014.
« Reply #74 on: February 17, 2014, 06:10:17 PM »
Hopefully our NRA certified firearms training for handguns will cover it.  Idk why it shouldn't.  It proves we demonstrated safe handling and operation of a firearm and were taught about the laws.

NRA has a separate class that covers carry.  Basic Pistol does not, and is not intended to, prepare you for carrying open or concealed.  Should the state legislature think to ask, NRA will certainly tell them that Basic Pistol doesn't cover it, and HRA will be obliged to also support that party line.  No, when shall-issue comes to Hawaii, expect to see new training requirements.
The difference between theory and reality is that, in theory, there is no difference between theory and reality.

punaperson

Re: 9th Circuit Victory: Peruta v. San Diego 2/13/2014.
« Reply #75 on: February 17, 2014, 06:18:50 PM »
No, when shall-issue comes to Hawaii, expect to see new training requirements.
Hi Tom... wondering if you might have a wild guess as to what the total cost might end up being to be a legal CCW "permit/license" holder in Hawaii, should that ever happen.  :shaka:

Tom_G

Re: 9th Circuit Victory: Peruta v. San Diego 2/13/2014.
« Reply #76 on: February 17, 2014, 06:38:08 PM »
Wild guess?  Nah.  However, if the leg were to decide that NRA classes fit the bill, I would expect those classes to be rather affordable.  Since you would be supplying the gun and (most likely) the ammo, most of the overhead disappears. 

However....

Under the current structure, you must take a series of classes:
Personal Protection Inside the Home (8 hours)
Personal Protection Outside the Home, Level 1 (9 hours)
Personal Protection Outside the Home, Level 2 (5 hours) (optional, but I think it likely Hawaii would mandate this)

Even with low overhear, 3 days of training is going to have some cost.  NRA is currently developing a new class called Defensive Pistol, which will hopefully be a more streamlined approach.

[EDIT]
Oh, I forgot... there is a section of PPOTH that must be taught by a practicing attorney, or LEO, or someone qualified to teach said laws in the state.  That will probably run the cost up a little.
« Last Edit: February 17, 2014, 06:45:15 PM by Tom_G »
The difference between theory and reality is that, in theory, there is no difference between theory and reality.

causa mortis

Re: 9th Circuit Victory: Peruta v. San Diego 2/13/2014.
« Reply #77 on: February 17, 2014, 07:09:56 PM »
So, what would be the ballpark figure for this 3 day course? $300?

punaperson

Re: 9th Circuit Victory: Peruta v. San Diego 2/13/2014.
« Reply #78 on: February 17, 2014, 07:38:14 PM »
Even with low overhear, 3 days of training is going to have some cost.  NRA is currently developing a new class called Defensive Pistol, which will hopefully be a more streamlined approach.
If you include photos, fingerprints, and a "fee" (of up to $100 in Gabbard's SB2353 CCW bill), and the "training", it looks like it'd be pushing $500. I don't know of any other fundamental individual inalienable natural and civil rights guaranteed by the Constitution that cost that much (or anywhere near that much) to get permission from the government to exercise. Where's the bill to have Hawaii join the five other states that have "Constitutional Carry"?

Oh, I forgot, one step at a time.  :geekdanc:

One of the emails I sent to legislators re the current CCW bills is that the high cost of obtaining a "license" is clearly a discriminatory impediment to lower income people being able to exercise a Constitutional right. $500 is a LOT of money to a LOT of people. Even $400.

pastordennis

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Re: 9th Circuit Victory: Peruta v. San Diego 2/13/2014.
« Reply #79 on: February 17, 2014, 07:46:17 PM »
Copied it, pasted it, sent it. Now for the reply.