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HONOLULU POLICE CHIEF AND STATE OF HAWAII SUED FOR SECOND AMENDMENT VIOLATIONS (Read 375998 times)

vidar808

Thank you for your service to the community.

dirsh

can someone summarize what happened and what's going on with this?
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Funtimes

We filed a suit for ccw.  And requested for a temporary CCW permit until the case could be heard to its conclusion.

Judge says temporary ccw = me running around like george zimmerman and killing people with skittles and hoodies.

We say, "Judge - your crazy." And appealed this preliminary ruling to the 9th circuit.   We now are waiting for our appeal to process (probably like 5 months - 1  1/2 years).
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Posts are not legal advice & are my own, unless said so.

mauiblue

Thanks for the update. Hell, I really wish that law abiding citizens in this state will one day be able to CCW. I know a couple retired police officers that jumped through the hoops and got their CCW here in Hawaii. Now it's the private Hawaii citizen turn to be able to carry legally.

dirsh

I thank everyone involved for standing up for our constitutional rights

Thanks for the summary funtimes
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TeamSDSHawaii

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We filed a suit for ccw.  And requested for a temporary CCW permit until the case could be heard to its conclusion.

Judge says temporary ccw = me running around like george zimmerman and killing people with skittles and hoodies.

We say, "Judge - your crazy." And appealed this preliminary ruling to the 9th circuit.   We now are waiting for our appeal to process (probably like 5 months - 1  1/2 years).

Well put... 

bass monkey

After reading the responses from hpd in that Facebook thread, I don't like their attitude and am willing to help support you and the cause in any way possible. I know we talked about it before but I think I can be of great help now.

Funtimes

After reading the responses from hpd in that Facebook thread, I don't like their attitude and am willing to help support you and the cause in any way possible. I know we talked about it before but I think I can be of great help now.

I got something for that thread. :)
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Bigkahuna808

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eyeeatingfish

Re: HONOLULU POLICE CHIEF AND STATE OF HAWAII SUED FOR SECOND AMENDMENT VIOLATIONS
« Reply #269 on: September 04, 2012, 09:16:31 PM »
I have to say that I think the lawsuit over the removal of the facebook posts is a mistake. I think it makes the group look crazy, either that or just whiners.
Also I think it is a waste of funds that could be better spent especially because I believe that the lawsuit won't win. Facebook is a private company, there is no freedom of speech on facebook.  As a private website comments can be deleted and it is not infringing on anyone's freedom of speech. HPD is not going on the website and suppressing all comments it does not like, it is controlling what they want on their private page.

hnl.flyboy

Re: HONOLULU POLICE CHIEF AND STATE OF HAWAII SUED FOR SECOND AMENDMENT VIOLATIONS
« Reply #270 on: September 04, 2012, 09:21:13 PM »
I have to say that I think the lawsuit over the removal of the facebook posts is a mistake. I think it makes the group look crazy, either that or just whiners.
Also I think it is a waste of funds that could be better spent especially because I believe that the lawsuit won't win. Facebook is a private company, there is no freedom of speech on facebook.  As a private website comments can be deleted and it is not infringing on anyone's freedom of speech. HPD is not going on the website and suppressing all comments it does not like, it is controlling what they want on their private page.

There's already a thread regarding the HPD lawsuit over 1st Amendment infringement.

http://2ahawaii.com/index.php?topic=4125.0

Also, it's more than Facebook being a private company.  The page was officially representing a .gov entity, with a .gov employee on the clock, on a .gov computer.
LEX MALLA, LEX NULLA

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Funtimes

Re: HONOLULU POLICE CHIEF AND STATE OF HAWAII SUED FOR SECOND AMENDMENT VIOLATIONS
« Reply #271 on: September 04, 2012, 09:41:14 PM »
I have to say that I think the lawsuit over the removal of the facebook posts is a mistake. I think it makes the group look crazy, either that or just whiners.
Also I think it is a waste of funds that could be better spent especially because I believe that the lawsuit won't win. Facebook is a private company, there is no freedom of speech on facebook.  As a private website comments can be deleted and it is not infringing on anyone's freedom of speech. HPD is not going on the website and suppressing all comments it does not like, it is controlling what they want on their private page.

Just for the record. We are winning.

All of our members have been unbanned; all other people have been unbanned; HPD is being compelled to develop policies that are consistent with the protections and mandates of the First Amendment.

The city has lost.  It's also the first of a few messages that when the government steps out of line, citizens are watching.
Check out the Hawaii Defense Foundation.
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Posts are not legal advice & are my own, unless said so.

Funtimes

Re: HONOLULU POLICE CHIEF AND STATE OF HAWAII SUED FOR SECOND AMENDMENT VIOLATIONS
« Reply #272 on: September 04, 2012, 09:42:38 PM »
Also update for the CCW case:
United States Court of Appeals for the Ninth Circuit
Notice of Docket Activity

The following transaction was entered on 09/04/2012 at 4:32:13 PM PDT and filed on 09/04/2012

Case Name:   Christopher Baker v. Louis Kealoha, et al
Case Number:     12-16258
Document(s):   Document(s)

Docket Text:
Filed clerk order (Deputy Clerk: HB): The court denies appellant’s motion to stay appellate proceedings in this preliminary injunction appeal pending issuance of the decision in Richards, et al. v. Prieto, et al., No. 11-16255. The Clerk shall calendar this appeal, No. 12-16258, before the panel that will be assigned to decide appeal No. 11-16255. Briefing is completed. The amicus brief submitted by the Brady Center to Prevent Gun Violence is filed. Within 7 days of the filing of this order, the filer is ordered to file 7 copies of the brief in paper format, with a green cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically.[8309708] (WL)


What does this mean? We are lacing the gloves, because we along with the SAF, NRA, and potentially others are headed to court (Likely on the same day or within a short span of each other).
Check out the Hawaii Defense Foundation.
HDF on Facebook
Defender of the Accused in Arkansas Courts
Posts are not legal advice & are my own, unless said so.

TeamMidori

HONOLULU POLICE CHIEF AND STATE OF HAWAII SUED FOR SECOND AMENDMENT VIOLATIONS
« Reply #273 on: September 04, 2012, 09:46:58 PM »
Also update for the CCW case:
United States Court of Appeals for the Ninth Circuit
Notice of Docket Activity

The following transaction was entered on 09/04/2012 at 4:32:13 PM PDT and filed on 09/04/2012

Case Name:   Christopher Baker v. Louis Kealoha, et al
Case Number:     12-16258
Document(s):   Document(s)

Docket Text:
Filed clerk order (Deputy Clerk: HB): The court denies appellant’s motion to stay appellate proceedings in this preliminary injunction appeal pending issuance of the decision in Richards, et al. v. Prieto, et al., No. 11-16255. The Clerk shall calendar this appeal, No. 12-16258, before the panel that will be assigned to decide appeal No. 11-16255. Briefing is completed. The amicus brief submitted by the Brady Center to Prevent Gun Violence is filed. Within 7 days of the filing of this order, the filer is ordered to file 7 copies of the brief in paper format, with a green cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically.[8309708] (WL)


What does this mean? We are lacing the gloves, because we along with the SAF, NRA, and potentially others are headed to court (Likely on the same day or within a short span of each other).

Do u know any specifics regarding the other cases?

ren

Re: HONOLULU POLICE CHIEF AND STATE OF HAWAII SUED FOR SECOND AMENDMENT VIOLATIONS
« Reply #274 on: September 04, 2012, 10:04:48 PM »
I remain skeptical.
Deeds Not Words

Funtimes

Check out the Hawaii Defense Foundation.
HDF on Facebook
Defender of the Accused in Arkansas Courts
Posts are not legal advice & are my own, unless said so.

hnl.flyboy

Re: HONOLULU POLICE CHIEF AND STATE OF HAWAII SUED FOR SECOND AMENDMENT VIOLATIONS
« Reply #276 on: September 04, 2012, 10:43:15 PM »
Also update for the CCW case:
United States Court of Appeals for the Ninth Circuit
Notice of Docket Activity

The following transaction was entered on 09/04/2012 at 4:32:13 PM PDT and filed on 09/04/2012

Case Name:   Christopher Baker v. Louis Kealoha, et al
Case Number:     12-16258
Document(s):   Document(s)

Docket Text:
Filed clerk order (Deputy Clerk: HB): The court denies appellant’s motion to stay appellate proceedings in this preliminary injunction appeal pending issuance of the decision in Richards, et al. v. Prieto, et al., No. 11-16255. The Clerk shall calendar this appeal, No. 12-16258, before the panel that will be assigned to decide appeal No. 11-16255. Briefing is completed. The amicus brief submitted by the Brady Center to Prevent Gun Violence is filed. Within 7 days of the filing of this order, the filer is ordered to file 7 copies of the brief in paper format, with a green cover, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically.[8309708] (WL)


What does this mean? We are lacing the gloves, because we along with the SAF, NRA, and potentially others are headed to court (Likely on the same day or within a short span of each other).

NRA / SAF helping out at all now?  How soon will you guys head to court?

Keep up the good work!!  Thank you for your service to Hawaii gun owners..  :thumbsup:
LEX MALLA, LEX NULLA

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Funtimes

Re: HONOLULU POLICE CHIEF AND STATE OF HAWAII SUED FOR SECOND AMENDMENT VIOLATIONS
« Reply #277 on: September 04, 2012, 10:47:25 PM »
NRA / SAF helping out at all now?  How soon will you guys head to court?

Keep up the good work!!  Thank you for your service to Hawaii gun owners..  :thumbsup:

No. Unknown, maybe... but likely no.   We don't know - but soon? (Nov maybe?)

And, thank you, but credit should go to my wife for staying with me through this and the people who keep me motivated. It's a very long and hard fought road with countless hours spent. 
Check out the Hawaii Defense Foundation.
HDF on Facebook
Defender of the Accused in Arkansas Courts
Posts are not legal advice & are my own, unless said so.

eyeeatingfish

Re: HONOLULU POLICE CHIEF AND STATE OF HAWAII SUED FOR SECOND AMENDMENT VIOLATIONS
« Reply #278 on: September 05, 2012, 02:49:29 PM »
There's already a thread regarding the HPD lawsuit over 1st Amendment infringement.

http://2ahawaii.com/index.php?topic=4125.0

Also, it's more than Facebook being a private company.  The page was officially representing a .gov entity, with a .gov employee on the clock, on a .gov computer.

I will take my comments there, thankyou

Funtimes

Re: HONOLULU POLICE CHIEF AND STATE OF HAWAII SUED FOR SECOND AMENDMENT VIOLATIONS
« Reply #279 on: September 05, 2012, 04:40:20 PM »
How soon will you guys head to court?


Based on some new information, maybe the first week of December.  This is obviously - very subject to change.
Check out the Hawaii Defense Foundation.
HDF on Facebook
Defender of the Accused in Arkansas Courts
Posts are not legal advice & are my own, unless said so.