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  • HDF Suit: State Response Due: September 21, 2011
  • HDF Suit: Hearing on Plaintiff's MOTION for Prelim Inj: March 21, 2012
  • HDF Suit: Oral Arguments: December 06, 2012
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HONOLULU POLICE CHIEF AND STATE OF HAWAII SUED FOR SECOND AMENDMENT VIOLATIONS (Read 376366 times)

Cougar8045

Re: HONOLULU POLICE CHIEF AND STATE OF HAWAII SUED FOR SECOND AMENDMENT VIOLATIONS
« Reply #80 on: September 14, 2011, 09:36:24 AM »
Quote from: Funtimes on September 13, 2011, 08:52:41 PM
It's far from dried up, we are just getting started.
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2aHawaii

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Re: HONOLULU POLICE CHIEF AND STATE OF HAWAII SUED FOR SECOND AMENDMENT VIOLATIONS
« Reply #81 on: September 19, 2011, 07:20:58 AM »
So no response by the State yet? Is this one of those things that always comes down to the last minute?
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"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." - United States Constitution Amendment 2 & Hawaii State Constitution Article 1 Section 17

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Cougar8045

Re: HONOLULU POLICE CHIEF AND STATE OF HAWAII SUED FOR SECOND AMENDMENT VIOLATIONS
« Reply #82 on: September 19, 2011, 11:26:26 AM »
I'm not an insider, but I'd expect that the state will grudgingly provide the bare minimum that they're required to provide, on the very last day that they can do it.  That's after a couple of requests for extensions, of course. 
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I'm just a fluffy white bunny rabbit who lost his way. 

"If a thief be found breaking in, and be smitten that he die, there shall no blood be shed for him. ..."  -Exodus 22:2

Funtimes

Re: HONOLULU POLICE CHIEF AND STATE OF HAWAII SUED FOR SECOND AMENDMENT VIOLATIONS
« Reply #83 on: September 19, 2011, 03:24:32 PM »
You ever turn in your final paper or exam early :P ? I haven't.
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Cougar8045

Re: HONOLULU POLICE CHIEF AND STATE OF HAWAII SUED FOR SECOND AMENDMENT VIOLATIONS
« Reply #84 on: September 19, 2011, 08:36:59 PM »
Quote from: Funtimes on September 19, 2011, 03:24:32 PM
You ever turn in your final paper or exam early :P ? I haven't.
lol, no, I sure haven't!  Speaking of which, is it F***ING WEDNESDAY yet?????  I'm so stoked to read the bs response I can barely stand it.  As I was reading through here, I was thinking that today was the 20th, so imagine my disappointment.  Like a kid who found out on the 24th that Christmas got pushed back a day!  And, is if that weren't bad enough, instead of reading the state's response, tomorrow is flu shot day at work... :grrr:
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I'm just a fluffy white bunny rabbit who lost his way. 

"If a thief be found breaking in, and be smitten that he die, there shall no blood be shed for him. ..."  -Exodus 22:2

Colt808

Re: HONOLULU POLICE CHIEF AND STATE OF HAWAII SUED FOR SECOND AMENDMENT VIOLATIONS
« Reply #85 on: September 19, 2011, 09:58:22 PM »
Quote from: Cougar8045 on September 19, 2011, 08:36:59 PM
lol, no, I sure haven't!  Speaking of which, is it F***ING WEDNESDAY yet?????  I'm so stoked to read the bs response I can barely stand it.  As I was reading through here, I was thinking that today was the 20th, so imagine my disappointment.  Like a kid who found out on the 24th that Christmas got pushed back a day!  And, is if that weren't bad enough, instead of reading the state's response, tomorrow is flu shot day at work... :grrr:

Why so negative? The State may admit wrong doing and Kealoha could read a press release stating they will start issuing permits immediately...



Of course this will be followed by a joint statment from Santa, the Easter bunny, and Elvis regarding WMD's, zombies, and the Loch Ness Monster.
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antoinebugleboy

Re: HONOLULU POLICE CHIEF AND STATE OF HAWAII SUED FOR SECOND AMENDMENT VIOLATIONS
« Reply #86 on: September 19, 2011, 10:05:07 PM »
Quote from: Colt808 on September 19, 2011, 09:58:22 PM
Quote from: Cougar8045 on September 19, 2011, 08:36:59 PM
lol, no, I sure haven't!  Speaking of which, is it F***ING WEDNESDAY yet?????  I'm so stoked to read the bs response I can barely stand it.  As I was reading through here, I was thinking that today was the 20th, so imagine my disappointment.  Like a kid who found out on the 24th that Christmas got pushed back a day!  And, is if that weren't bad enough, instead of reading the state's response, tomorrow is flu shot day at work... :grrr:

Why so negative? The State may admit wrong doing and Kealoha could read a press release stating they will start issuing permits immediately...



Of course this will be followed by a joint statment from Santa, the Easter bunny, and Elvis regarding WMD's, zombies, and the Loch Ness Monster.

 ???  ::)  :rofl: :rofl: :rofl:
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Cougar8045

Re: HONOLULU POLICE CHIEF AND STATE OF HAWAII SUED FOR SECOND AMENDMENT VIOLATIONS
« Reply #87 on: September 19, 2011, 10:36:24 PM »
Quote from: Colt808 on September 19, 2011, 09:58:22 PM
Quote from: Cougar8045 on September 19, 2011, 08:36:59 PM
lol, no, I sure haven't!  Speaking of which, is it F***ING WEDNESDAY yet?????  I'm so stoked to read the bs response I can barely stand it.  As I was reading through here, I was thinking that today was the 20th, so imagine my disappointment.  Like a kid who found out on the 24th that Christmas got pushed back a day!  And, is if that weren't bad enough, instead of reading the state's response, tomorrow is flu shot day at work... :grrr:

Why so negative? The State may admit wrong doing and Kealoha could read a press release stating they will start issuing permits immediately...



Of course this will be followed by a joint statment from Santa, the Easter bunny, and Elvis regarding WMD's, zombies, and the Loch Ness Monster.
Missed the fine print at first, good one.  I was trying to decide if you were really that much of an optimist, or if you just hadn't ever read anything at all to do with these 2nd Amendment suits.  Well played, sir, well played.
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I'm just a fluffy white bunny rabbit who lost his way. 

"If a thief be found breaking in, and be smitten that he die, there shall no blood be shed for him. ..."  -Exodus 22:2

Dregs

Re: HONOLULU POLICE CHIEF AND STATE OF HAWAII SUED FOR SECOND AMENDMENT VIOLATIONS
« Reply #88 on: September 20, 2011, 11:06:01 AM »
i don't know why, but I'm giddy to see what they're going to say. If their response is just as baselessly anti-gun and confused regarding 2nd amendment rights as they have been portraying, then I'm going to laugh all the way to the first court hearing.
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Cougar8045

Re: HONOLULU POLICE CHIEF AND STATE OF HAWAII SUED FOR SECOND AMENDMENT VIOLATIONS
« Reply #89 on: September 20, 2011, 12:15:36 PM »
Quote from: Dregs on September 20, 2011, 11:06:01 AM
i don't know why, but I'm giddy to see what they're going to say. If their response is just as baselessly anti-gun and confused regarding 2nd amendment rights as they have been portraying, then I'm going to laugh all the way to the first court hearing.
Win.

And yes, it will be exactly as you predict.
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I'm just a fluffy white bunny rabbit who lost his way. 

"If a thief be found breaking in, and be smitten that he die, there shall no blood be shed for him. ..."  -Exodus 22:2

Dregs

Re: HONOLULU POLICE CHIEF AND STATE OF HAWAII SUED FOR SECOND AMENDMENT VIOLATIONS
« Reply #90 on: September 20, 2011, 01:56:30 PM »
HDF Suit: Hearing on Plaintiff's MOTION for Prelim Inj: January 17, 2011
HDF Suit: State Response Due: September 21, 2011

Can someone tell me what "motion for Preliminary Injunction" means?

Is one side defending and the other attacking? (plaintiff, defendant)
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2aHawaii

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Re: HONOLULU POLICE CHIEF AND STATE OF HAWAII SUED FOR SECOND AMENDMENT VIOLATIONS
« Reply #91 on: September 20, 2011, 02:05:50 PM »
Not an expert in proceedings but I believe the motion for Preliminary Injuction is when the court will hear the plaintiff's arguments to put a hold on the laws that infringe. If you read the motion, it mentions a few of the HRS 134 articles.
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"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." - United States Constitution Amendment 2 & Hawaii State Constitution Article 1 Section 17

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Cougar8045

Re: HONOLULU POLICE CHIEF AND STATE OF HAWAII SUED FOR SECOND AMENDMENT VIOLATIONS
« Reply #92 on: September 20, 2011, 03:01:11 PM »
Quote from: 2aHawaii on September 20, 2011, 02:05:50 PM
Not an expert in proceedings but I believe the motion for Preliminary Injuction is when the court will hear the plaintiff's arguments to put a hold on the laws that infringe. If you read the motion, it mentions a few of the HRS 134 articles.
I think you're spot-on.  For a primary injunction to be granted, I believe the judge has to review the case, and if he decides that there is a high likelihood that the plaintiff will succeed on the merits of his/her case, the relief is granted pending the actual courtroom hearing. 
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I'm just a fluffy white bunny rabbit who lost his way. 

"If a thief be found breaking in, and be smitten that he die, there shall no blood be shed for him. ..."  -Exodus 22:2

HiCarry

Re: HONOLULU POLICE CHIEF AND STATE OF HAWAII SUED FOR SECOND AMENDMENT VIOLATIONS
« Reply #93 on: September 20, 2011, 04:36:51 PM »
Quote from: Cougar8045 on September 20, 2011, 03:01:11 PM
Quote from: 2aHawaii on September 20, 2011, 02:05:50 PM
Not an expert in proceedings but I believe the motion for Preliminary Injuction is when the court will hear the plaintiff's arguments to put a hold on the laws that infringe. If you read the motion, it mentions a few of the HRS 134 articles.
I think you're spot-on.  For a primary injunction to be granted, I believe the judge has to review the case, and if he decides that there is a high likelihood that the plaintiff will succeed on the merits of his/her case, the relief is granted pending the actual courtroom hearing. 

Generally a preliminary injunction is granted when the plantiff can articulate that they will suffer an irreparable harm if the injunction is not granted. If the judge agrees that the harm is sufficient and would be irreparable, he could enjoin the defendent to cease enforcing certain laws or taking specific actions that would cause the irreparable harm. In this case, one possible outcome should the injunction be granted is that certain parts of HRS 134 would be unenforcable until the suit is resolved.

It is not supposed to be a determination of the relative merits of the case at hand. On the other hand a summary judgement is issued with there are no material disagreements about the facts of law involved in the case.

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Pizzo

Re: HONOLULU POLICE CHIEF AND STATE OF HAWAII SUED FOR SECOND AMENDMENT VIOLATIONS
« Reply #94 on: September 21, 2011, 06:33:05 AM »
Well, the day has come......my fingers are crossed and I got my knee high boots on!

FYI, the boots are for the bull$hit......LMAO!!  :rofl:
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Cougar8045

Re: HONOLULU POLICE CHIEF AND STATE OF HAWAII SUED FOR SECOND AMENDMENT VIOLATIONS
« Reply #95 on: September 21, 2011, 07:07:23 AM »
Quote from: HiCarry on September 20, 2011, 04:36:51 PM

Generally a preliminary injunction is granted when the plantiff can articulate that they will suffer an irreparable harm if the injunction is not granted. If the judge agrees that the harm is sufficient and would be irreparable, he could enjoin the defendent to cease enforcing certain laws or taking specific actions that would cause the irreparable harm. In this case, one possible outcome should the injunction be granted is that certain parts of HRS 134 would be unenforcable until the suit is resolved.

It is not supposed to be a determination of the relative merits of the case at hand. On the other hand a summary judgement is issued with there are no material disagreements about the facts of law involved in the case.
I think that the courts have set the precedent that an infringement of Second Amendment rights constitutes irreparable harm, which would be good for us if the judge considers not being able to carry a firearm an infringement of 2A rights.  Needless to say, I'm sure he doesn't consider that any infringement, but hey, you never know!
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I'm just a fluffy white bunny rabbit who lost his way. 

"If a thief be found breaking in, and be smitten that he die, there shall no blood be shed for him. ..."  -Exodus 22:2

Kingkeoni

Re: HONOLULU POLICE CHIEF AND STATE OF HAWAII SUED FOR SECOND AMENDMENT VIOLATIO
« Reply #96 on: September 21, 2011, 07:09:54 AM »
Quote from: Pizzo on September 21, 2011, 06:33:05 AM
Well, the day has come......my fingers are crossed and I got my knee high boots on!

FYI, the boots are for the bull$hit......LMAO!!  :rofl:

Then why are they pink?
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Travboi

Re: HONOLULU POLICE CHIEF AND STATE OF HAWAII SUED FOR SECOND AMENDMENT VIOLATIONS
« Reply #97 on: September 21, 2011, 07:16:43 AM »
What time are they supposed to have their response by? Idk but im eager and cant wait to read it. I mean they trusted me with firearm at 17 to defend our country but i cant be trusted here to protect myself and my family.
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Cougar8045

Re: HONOLULU POLICE CHIEF AND STATE OF HAWAII SUED FOR SECOND AMENDMENT VIOLATIONS
« Reply #98 on: September 21, 2011, 07:20:52 AM »
Quote from: Travboi on September 21, 2011, 07:16:43 AM
What time are they supposed to have their response by? Idk but im eager and cant wait to read it. I mean they trusted me with firearm at 17 to defend our country but i cant be trusted here to protect myself and my family.
Well, obviously you're not as responsible when you don't have your Decision Making Shirt and Pants on!   ::)  The response may not come today; apparently the court is pretty slow getting things uploaded to the internet, which could mean that the first word we'd hear would be when the hard copy gets delivered to Chris Baker and atty's.  I'm on the edge of my damn seat!
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I'm just a fluffy white bunny rabbit who lost his way. 

"If a thief be found breaking in, and be smitten that he die, there shall no blood be shed for him. ..."  -Exodus 22:2

Pizzo

Re: HONOLULU POLICE CHIEF AND STATE OF HAWAII SUED FOR SECOND AMENDMENT VIOLATIO
« Reply #99 on: September 21, 2011, 07:25:00 AM »
Quote from: Kingkeoni on September 21, 2011, 07:09:54 AM
Quote from: Pizzo on September 21, 2011, 06:33:05 AM
Well, the day has come......my fingers are crossed and I got my knee high boots on!

FYI, the boots are for the bull$hit......LMAO!!  :rofl:

Then why are they pink?

Dang KingKeoni, how'd you know they're pink?!  ???
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