Baker win at the 9th CCA - What now? (Read 181012 times)

punaperson

Re: Baker win at the 9th CCA - What now?
« Reply #120 on: March 26, 2015, 12:19:55 PM »
 :'(

Oral arguments to be heard during the week of June 15, 2015. A couple more years and then reversal. Then appeal to SCOTUS. Another year or two if cert is granted, if not, I will never see CCW in Hawaii according to the Constitution.  :wtf:

nathanm14fan

Re: Baker win at the 9th CCA - What now?
« Reply #121 on: March 26, 2015, 12:40:09 PM »
Yup, this is not good news for CCW in Hawaii. The Supreme Court hasn't taken any 2A cases since McDonald in 2010, dimming my belief that we (the average non-LEO citizen) will be able to legally carry in Hawaii for the foreseeable future.

punaperson

Re: Baker win at the 9th CCA - What now?
« Reply #122 on: March 26, 2015, 01:13:24 PM »
Yup, this is not good news for CCW in Hawaii. The Supreme Court hasn't taken any 2A cases since McDonald in 2010, dimming my belief that we (the average non-LEO citizen) will be able to legally carry in Hawaii for the foreseeable future.
If the government denies your rights, what are your other options besides "to legally carry"?

nathanm14fan

Re: Baker win at the 9th CCA - What now?
« Reply #123 on: March 26, 2015, 01:28:35 PM »
If the government denies your rights, what are your other options besides "to legally carry"?

I use the term "legally carry" for the simple reason that there are likely hundreds of people in Hawaii who conceal carry every day, illegally. Hawaii's restrictive CCW laws don't impact illegal carry in the slightest.

punaperson

Re: Baker win at the 9th CCA - What now?
« Reply #124 on: March 26, 2015, 02:17:13 PM »
I use the term "legally carry" for the simple reason that there are likely hundreds of people in Hawaii who conceal carry every day, illegally. Hawaii's restrictive CCW laws don't impact illegal carry in the slightest.
The government denies you a natural civil right guaranteed by the Constitution, and exercising that right, and harming no one in the process, is a crime according to the government. Shades of refusing to sit in the back of the bus or not using the "separate but equal" water fountains, bathrooms and schools. Where are we? How many more years can they get away with this?

Tom_G

Re: Baker win at the 9th CCA - What now?
« Reply #125 on: March 26, 2015, 02:52:33 PM »
The government denies you a natural civil right guaranteed by the Constitution, and exercising that right, and harming no one in the process, is a crime according to the government. Shades of refusing to sit in the back of the bus or not using the "separate but equal" water fountains, bathrooms and schools. Where are we? How many more years can they get away with this?

So... an act of civil disobedience?  Can we get 500 people to show up at the capitol, all carrying openly?  "Dare" the government to turn so many upstanding citizens into felons?
The difference between theory and reality is that, in theory, there is no difference between theory and reality.

xer 21

Re: Baker win at the 9th CCA - What now?
« Reply #126 on: March 26, 2015, 04:48:21 PM »
So... an act of civil disobedience?  Can we get 500 people to show up at the capitol, all carrying openly?  "Dare" the government to turn so many upstanding citizens into felons?
they would do it in a heartbeat.

rellik

Re: Baker win at the 9th CCA - What now?
« Reply #127 on: March 26, 2015, 04:55:55 PM »
So... an act of civil disobedience?  Can we get 500 people to show up at the capitol, all carrying openly?  "Dare" the government to turn so many upstanding citizens into felons?

To begin with I do not violate any Federal, State, or Local laws.  But going "toe to toe" with the Hawaii State
militarized police won't work.  Courts are a "death by a thousand cuts".  You do what you need to do to defend
yourself from the police.  In Hawaii they are a bigger threat to us than the crooks are.  Keep in mind ALWAYS
obey the law.
 

nathanm14fan

Re: Baker win at the 9th CCA - What now?
« Reply #128 on: March 26, 2015, 04:58:32 PM »
So... an act of civil disobedience?  Can we get 500 people to show up at the capitol, all carrying openly?  "Dare" the government to turn so many upstanding citizens into felons?

they would do it in a heartbeat.

In this state, absolutely they would. Look at how low voter participation is in Hawaii, last in the country. An ill-informed electorate is easy  to cower. Now if you tried such a demonstration in Colorado, which has a much stronger civic mindset, and is far more pro-gun per capita, I think you would find law enforcement far more hesitant.

punaperson

Re: Baker win at the 9th CCA - What now?
« Reply #129 on: March 26, 2015, 05:17:31 PM »
Quote from: Tom_G on Today at 02:52:33 PM

    So... an act of civil disobedience?  Can we get 500 people to show up at the capitol, all carrying openly?  "Dare" the government to turn so many upstanding citizens into felons?


Quote from: xer 21 on Today at 04:48:21 PM

    they would do it in a heartbeat.

Yeah, this isn't Washington state where open carry is legal and the protest was "illegally" "transferring" (aka "handing") firearms from one person to another without the benefit of a background check for each "transfer" (I-594). Law enforcement there did nothing. OFWGs getting arrested for illegally carrying doesn't have the "sympathy factor" (especially in Hawaii) as did the images of black children being attacked by police dogs for trying to go to school. The general public here doesn't care about our issue, and likely wouldn't be moved to do anything if dozens or hundreds of people were arrested (which likely would never happen in the first place as people having jobs and families to feed couldn't afford to risk it all for a symbolic gesture most likely having no meaningful consequent movement to restore our rights).

Given this expected decision for en banc (aka "overturn"), the best option for Hawaii residents wanting to exercise the full range of their Second Amendment rights is to move.

Once Peruta is vacated, Baker will be null and void, though the appeal to SCOTUS will keep things in limbo (or status quo: no CCW in Hawaii) for a few more years. Maybe Palmer will be granted cert by SCOTUS and we'll get a clear ruling allowing us to "bear arms" for self-defense. Or not. "Not" seems most likely at this point given the refusal of cert by SCOTUS of all the previous CCW cases in the past two years.  :crazy:

nathanm14fan

Re: Baker win at the 9th CCA - What now?
« Reply #130 on: March 26, 2015, 05:25:59 PM »
Yeah, this isn't Washington state where open carry is legal and the protest was "illegally" "transferring" (aka "handing") firearms from one person to another without the benefit of a background check for each "transfer" (I-594). Law enforcement there did nothing. OFWGs getting arrested for illegally carrying doesn't have the "sympathy factor" (especially in Hawaii) as did the images of black children being attacked by police dogs for trying to go to school. The general public here doesn't care about our issue, and likely wouldn't be moved to do anything if dozens or hundreds of people were arrested (which likely would never happen in the first place as people having jobs and families to feed couldn't afford to risk it all for a symbolic gesture most likely having no meaningful consequent movement to restore our rights).

Given this expected decision for en banc (aka "overturn"), the best option for Hawaii residents wanting to exercise the full range of their Second Amendment rights is to move.

Once Peruta is vacated, Baker will be null and void, though the appeal to SCOTUS will keep things in limbo (or status quo: no CCW in Hawaii) for a few more years. Maybe Palmer will be granted cert by SCOTUS and we'll get a clear ruling allowing us to "bear arms" for self-defense. Or not. "Not" seems most likely at this point given the refusal of cert by SCOTUS of all the previous CCW cases in the past two years.  :crazy:

well said.

punaperson

Re: Baker win at the 9th CCA - What now?
« Reply #131 on: March 27, 2015, 12:01:14 PM »
Chuck Michel, chief litigator of the Peruta case, was interviewed today (Friday Marcdh 27) on the NRA News show. No mention of Richards, which will heard at the same oral arguments session with Peruta during the week of June 15. Also no mention of Baker, which did not go en banc, even though it was heard originally at the same time as Peruta and Richards.

http://www.nranews.com/cam/list/cam-company

1:41:21

zippz

Re: Baker win at the 9th CCA - What now?
« Reply #132 on: March 27, 2015, 07:05:42 PM »
The next presidential election is going to be very important for concealed carry as the next president will be appointing several supreme court justices.  And since they are appointed for life, the election could decide if we get CCW through the courts for the next 20 years.

punaperson

Re: Baker win at the 9th CCA - What now?
« Reply #133 on: April 06, 2015, 02:07:03 PM »
Chief judge Thomas issued an order today clarifying that all briefs, including amicus briefs, need to be submitted within 35 days of the order for en banc hearing of Peruta/Richards.

Could anyone explain to me why the "State of California, Intervenor - Pending", is listed on the Peruta side rather than on the San Diego County, Sheriff Gore side? Harris/California are going to be arguing against Peruta, not with him...

Also, has there been any official explanation as to why Baker was not included in the en banc hearing? How about any unofficial explanation?

likecarry808

Re: Baker win at the 9th CCA - What now?
« Reply #134 on: June 08, 2015, 05:42:23 PM »
Just saw
the judges for the up coming hearing has be listed. Does not look good for ccw in our life time.  :(

Sodie

Re: Baker win at the 9th CCA - What now?
« Reply #135 on: June 08, 2015, 08:54:56 PM »
Just saw
the judges for the up coming hearing has be listed. Does not look good for ccw in our life time.  :(

Link?

likecarry808

Re: Baker win at the 9th CCA - What now?
« Reply #136 on: June 09, 2015, 03:08:24 AM »
blog.californiarighttocarry.org/?page_i

sorry forgot to ad the link Sodie

rellik

Re: Baker win at the 9th CCA - What now?
« Reply #137 on: June 13, 2015, 01:38:34 PM »
 :closed: :closed:This will be my last posting to this site.  You guys are all law abiding.  I cannot soil your reputation and cause you harm.  That being said,
Hawaii makes you ask for permission to own, you must register, and are on the police data banks as a potential terrorist when you have a gun. Only stupid white people( Haloes) follow these laws. Hawaii does not have a lot of gun crime, that is mainly due to the fact we don't have a lot of Blacks and have a very strong Ohana tradition. That is all adults are an Auntie or Uncle and you listen to them! I'm fighting to get a CCW and the local police head chief won't grant me that right. I carry anyway, legally of course. It just costs a few more seconds, in reaction time, and I have a lawyer on speed dial.

I'm going to try to get my anti gun police chief fired, and make sure we have the worst paid police and smallest
police to people ratio in the country.
That is probably more do-able than expecting the 9th to respect our rights.
In my county more people get killed by cops, than by druggies.

Good bye!

PeaShooter

Re: Baker win at the 9th CCA - What now?
« Reply #138 on: June 16, 2015, 05:20:49 PM »
En banc oral arguments on Peruta v. County of San Diego were heard today and can be viewed here:

xer 21

Re: Baker win at the 9th CCA - What now?
« Reply #139 on: June 19, 2015, 05:14:20 PM »
:closed: :closed:This will be my last posting to this site.  You guys are all law abiding.  I cannot soil your reputation and cause you harm.  That being said,
Hawaii makes you ask for permission to own, you must register, and are on the police data banks as a potential terrorist when you have a gun. Only stupid white people( Haloes) follow these laws. Hawaii does not have a lot of gun crime, that is mainly due to the fact we don't have a lot of Blacks and have a very strong Ohana tradition. That is all adults are an Auntie or Uncle and you listen to them! I'm fighting to get a CCW and the local police head chief won't grant me that right. I carry anyway, legally of course. It just costs a few more seconds, in reaction time, and I have a lawyer on speed dial.

I'm going to try to get my anti gun police chief fired, and make sure we have the worst paid police and smallest
police to people ratio in the country.
That is probably more do-able than expecting the 9th to respect our rights.
In my county more people get killed by cops, than by druggies.

Good bye!

k?

that's kinda racist, but hey.