Baker win (Read 53898 times)

PeaShooter

Re: Win in Baker
« Reply #80 on: March 21, 2014, 06:24:48 PM »
Congratulations, Chris!!

The court is still divided 2-1 and as Baker comes in a different "position" & "posture" compared to Peruta, a SCOTUS appeal may be forthcoming.
I agree with Chris, I don't think the city will bother to appeal in that direction as it would be unnecessary paperwork. SCOTUS would decline to hear their appeal anyway. It makes more sense to me for them to just ask for a stay or something, and wait to see what becomes of Peruta.

I was worried that the various requests to intervene and rehear Peruta en banc would delay the ruling on the Baker case, but I guess not!

The crucial difference between the Baker and Peruta cases, as far as I can tell, was the legal stage of proceedings they were at. Peruta was at summary judgment while Baker was at preliminary injunction (where it is harder to win). I think that's what the dissenting judge was keying in on, but we were fortunate enough to escape from that. Even if things went his way, it would only have been a lot more paperwork, time, and money involved but the end result would be the same for everyone so it's great that everything is being expedited.

Hawaii Volcano Squad

Re: Win in Baker
« Reply #81 on: March 21, 2014, 07:07:19 PM »
My line of reasoning and read of the tea leaves as to the motives of the judges of the 9th Federal Appeals court is that they WANT Peruta to go to SCOTUS because they are certain it will be upheld.
Judges like when their rulings are upheld and hate it when they are overturned on appeal.
So which rulings go to SCOTUS from the judges perspective is different from those of us who just want the deprivation of our 2nd Amendment rights to come to a quick end. The judges are thinking they want their ruling upheld and set nationwide precedent.

The more complications in the case, the more chance that the ruling could be picked apart somehow. you know how judges like to "split the baby".


Side note: I observed that even Solomon needed to have a sword and hence the threat of force so he could threaten to split the baby in half in order that he could determine who the real mother was.

pastordennis

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Re: Win in Baker
« Reply #82 on: March 21, 2014, 08:31:34 PM »

pastordennis

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Re: Win in Baker
« Reply #83 on: March 21, 2014, 08:40:54 PM »
I have a Glock 30 just'a waiting to be carried just like she was carried in Arizona. Her name is Betsy. 45 acp. I smell victory.Thanks guys.

Hawaii Volcano Squad

Re: Win in Baker
« Reply #84 on: March 22, 2014, 11:59:27 AM »
If anyone knowledgeable on the Drake case can give us a review of the SCOTUS appeal and the facts of the case it would be helpful in light of the the Drake appeal citing the Peruta case as a basis to grant appeal to SCOTUS.

http://sblog.s3.amazonaws.com/wp-content/uploads/2014/03/drake_supplemental_FILED.pdf

sliver

Re: Win in Baker
« Reply #85 on: March 23, 2014, 02:49:30 PM »

Let's hope SCOTUS takes Drake next month and settles this issue favorably in the fall of this year for the whole country, which last I checked includes even Hawaii.

idk man, I know a lot of people which still don't think Hawaii is part of the USA.  Even some government agencies I have had to fight with don't see Hawaii as part of the USA...

punaperson

Re: Win in Baker
« Reply #86 on: March 23, 2014, 03:18:09 PM »
idk man, I know a lot of people which still don't think Hawaii is part of the USA.  Even some government agencies I have had to fight with don't see Hawaii as part of the USA...
You mean those agencies that took $200 MILLION from the feds for the wonderful Obamacare Hawaii website may have done so under false pretenses? I wonder if Senator Slom will ever get any real answers to his inquiries into that money and where it went to whom for what.

If SCOTUS should happen to take Drake and rule that all states "shall issue" based solely upon the claim of self defense, Hawaii will eventually learn that it is indeed part of the Untied States. I'm certain that most of the Hawaii government authorities (legislative, administrative and judicial) will try to subvert such a decision by delaying implementation and creating new and unconstitutional requirements and/or financially burdensome or extensive time commitment burdens before they will "allow" us to actually exercise our natural, civil, fundamental, individual, unalienable Constitutionally-protected right to bear arms. I'm guessing more litigation... but let's wait for Drake or Peruta to move through the system... I guess we'll see... eventually. Or maybe Hawaii will secede.

Q

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« Reply #87 on: March 23, 2014, 09:10:20 PM »
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« Last Edit: December 13, 2016, 11:32:05 AM by Q »

punaperson

Re: Win in Baker
« Reply #88 on: March 24, 2014, 06:36:41 AM »
Good; I hope Hawaii secedes. That way, we can declare ourselves warlords, and I can begin my childhood dream of conquering the pacific and establishing the oceanic empire.  :rofl:
Well if Hawaii seceded and really cut all ties with the United States you'd need to be a warlord because within months of the military and all other federal government funding leaving this place cannibalism would be rife.  :shaka:

Sorry.  :stopjack:

hvybarrels

Re: Win in Baker
« Reply #89 on: March 24, 2014, 08:11:15 AM »
Trust me, you don't want an empire in the Pacific. The maintenance costs are our of this world and there's no way to enforce most of your territory. Better to go with a medium-size piracy outfit and if you can find a state to pick up the tab then even better. Mo money mo problems.
I’m becoming clinically undepressed and thinking about beginning it all.

Hawaii Volcano Squad

Re: Win in Baker
« Reply #90 on: March 24, 2014, 02:47:37 PM »
How this thread went from the Baker win to seceding from the USA is beyond me.
Try putting down that Hawaii is not part of the USA on your Tax forms and see what the IRS does to you. :stopjack:

With regard to permits CCW post Baker, as I have suggested before, limit the request for a CCW FORM that COMPLIES with Peruta, Richards, & Baker.

IF they refuse the first step of providing a form that complies with the law, then legal action is indicated, possibly filing for a writ of mandamus that they provide the form.

PeaShooter

Re: Win in Baker
« Reply #91 on: March 24, 2014, 05:37:57 PM »
I had the same thought about secession myself but I thought it was just a delusion of my crazy mind until I saw other people bring it up first. In other threads here I've seen people mention things such as civil uprisings, too. Although different, both scenarios boil down to vehement disagreements over gun control issues followed by some sort of rebellion.

Funtimes

Re: Win in Baker
« Reply #92 on: March 24, 2014, 06:04:50 PM »
How this thread went from the Baker win to seceding from the USA is beyond me.
Try putting down that Hawaii is not part of the USA on your Tax forms and see what the IRS does to you. :stopjack:

With regard to permits CCW post Baker, as I have suggested before, limit the request for a CCW FORM that COMPLIES with Peruta, Richards, & Baker.

IF they refuse the first step of providing a form that complies with the law, then legal action is indicated, possibly filing for a writ of mandamus that they provide the form.

The specific form they provide really has nothing to do with that, it doesn't look too much different than the permit to acquire paperwork.
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Posts are not legal advice & are my own, unless said so.

Hawaii Volcano Squad

Re: Win in Baker
« Reply #93 on: March 24, 2014, 06:10:07 PM »
The specific form they provide really has nothing to do with that, it doesn't look too much different than the permit to acquire paperwork.

Actually it does differ. Asked for what job requires you to carry a firearm, signature of Employer from that company etc.

http://www.konaguns.com/uploads/1/7/5/3/17531595/license_to_carry_application.pdf

Pit808

Re: Win in Baker
« Reply #94 on: March 24, 2014, 09:26:48 PM »
all I got to say is.  AWESOME JOB to the whole legal team!  Now tell Beretta to hurry up and release the Pico...... :thumbsup:
chitty chitty bang bang.......

Bota-CS1

Re: Win in Baker
« Reply #95 on: March 24, 2014, 09:49:04 PM »
Actually it does differ. Asked for what job requires you to carry a firearm, signature of Employer from that company etc.

http://www.konaguns.com/uploads/1/7/5/3/17531595/license_to_carry_application.pdf

I think you and Funtimes are talking about two different forms.  The one you have linked is for Hawaii County and not Honolulu County. 
No one is coming, it’s up to us.

Legislation should never be about depriving law abiding citizens of something, but rather taking those things away from criminals.

raddoxx

Re: Win in Baker
« Reply #96 on: March 25, 2014, 03:43:34 AM »
I like to say Congratulations to Chris, and the team of attorneys, Mr. Holcomb, and Mr. Beck.   Making Hawaii that much safer for work and play.  :shaka:

Funtimes

Re: Win in Baker
« Reply #97 on: March 25, 2014, 05:38:16 AM »
Actually it does differ. Asked for what job requires you to carry a firearm, signature of Employer from that company etc.

http://www.konaguns.com/uploads/1/7/5/3/17531595/license_to_carry_application.pdf

I have copies of all islands carry forms and additional documents that are required for you to fill out.  They have another application as well.  HDF utilized the UIPA act to get all of this correspondence.  We had to team up with the ACLU and threaten to sue Kauai and Honolulu for failure to release our records.
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Posts are not legal advice & are my own, unless said so.

Aiea78

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Re: Win in Baker
« Reply #98 on: March 25, 2014, 12:57:15 PM »
Can you post them up so everyone can see?
Assault Rifle? What I have here is an Anti-Assault Rifle.
Proud Member 2016 2a Day Dozen open holster carry crew yo

Funtimes

Re: Win in Baker
« Reply #99 on: March 25, 2014, 04:04:17 PM »
Can you post them up so everyone can see?

I will add it to my list of things.  I'm pretty sure we posted them some where when we got them, but it might have been on my other computer too.  I need to get the hard copies together.

HPD utilizes a serial # sheet, so that's why they say they can't give em online or over the phone. One fix to this is having lots of people get the forms etc.
Check out the Hawaii Defense Foundation.
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Defender of the Accused in Arkansas Courts
Posts are not legal advice & are my own, unless said so.