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HONOLULU POLICE CHIEF AND STATE OF HAWAII SUED FOR SECOND AMENDMENT VIOLATIONS (Read 376269 times)

Dregs

2011-10-12 20 0  EO: re 4 Rule 16 Scheduling Conference set 11/28/11 at 9:00am before Judge Chang. Alan Beck to participate by phone and notify all parties. (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry (Entered: 10/12/2011)

2aHawaii

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Do you know what that is?
I am not a lawyer.

"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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Dregs

Absolutely no clue what that means. Just thought it was cool that someone is participating in something by phone. lol. I think I've heard that name before.

Dregs

Oh Alan Beck is one of the lawyers. lol.

Mr. Farknocker

It's an informal conference between the judge/magistrate and the parties' counsel. During the conference, the parties are given the opportunity to inform the court of the nature of the case, including the parties' contentions, claims, and defenses, report on the possibility of settlement, address the parties' positions on methods of Alternative Dispute Resolution (i.e., ADR), and discuss the nature and length of discovery necessary to prepare the case for trial. ADR is otherwise known as mediation and arbitration. In addition to complying with FRCP Rule 16, parties must also comply with Hawaii's Local Rule 16.2 which can be found on the US District Court, District of Hawaii's website.  For more on Hawaii's local rule and what is generally covered during the conference go to:

http://www.hid.uscourts.gov/
« Last Edit: November 03, 2011, 02:33:01 PM by Mr. Farknkocker »

Dregs

You.......are awesome. Thanks for the info!

bass monkey

Wow that's awesome. Hopefully it goes all the way through and they don't try to offer him his ccw permit and still decline everyone else. Might not be able to answer since its on going but I assume they will turn down any offer and fight it all the way.
And sorry if my post is offensive. I can edit it.

vooduchikn

Wow that's awesome. Hopefully it goes all the way through and they don't try to offer him his ccw permit and still decline everyone else. Might not be able to answer since its on going but I assume they will turn down any offer and fight it all the way.
And sorry if my post is offensive. I can edit it.

Bass, read the complaint. Chris isn't fighting only for his own rights, but for the collective.

Relax, I've banned myself..

bass monkey

Yeah i just re read it through.  Hahahaha.  Made that first post from my phone.  Hopefully this makes some good progress.

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We fully support bringing real CCW to Hawaii!!!    :thumbsup: :thumbsup: :thumbsup:

thewrench

Updates on 11/28 meeting?

Funtimes

It set out the trial schedule and stuff, nothing to important yet.  Worse comes to worse trial 27 Nov 2012; but we will file motions that will have it ended before that you can be sure.
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thewrench

Ugh. The legislative process is indeed disappointingly sluggish. Kudos for the patience to persevere  :worship:

Funtimes

The next date is going to be 17 Jan 2011, which is a Motion to Dismiss hearing, Prelminary Injunction hearing, and possibly the states Judgement on the pleadings.
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Dregs

Literally ever since they submitted their response, I'm still wrapping my head around why the/our CCW argument is not "nullified" by their claims. Frankly, I'm starting to get a headache from it O_o.

There has been a sweeping change in our nation regarding 2a, and seeing other states being "sued"; makes me wonder why Hawaii thinks it can win by using that as literally their only argument. 10th amendment and immunity.

Basically, how is Hawaii different than the other states that have successfully been "sued"?

** btw I kinda half-expect my above rant to go unanswered because it's part of a current legal battle. Just been killing me in my head for the past few months, I thought I'd express it. lol.
« Last Edit: December 01, 2011, 04:29:52 PM by Dregs »

Tom_G

Well, there are 2 sides to every coin, right?
Side 1 - they don't have any reasonable defense, so they're grasping at straws.
Side 2 - they're right.  Well, not right in the sense of the word we'd like to apply, but right in the sense of the word that the court will find in their favor, because that's the way this state is. 

I mean, come on.  Look at the Super Ferry! 
The difference between theory and reality is that, in theory, there is no difference between theory and reality.

bass monkey

That's what im saying.
Like When you was young and you asked your mom something.
Then she be like no.
And you ask her why
And she be like,
Cause I said so. And that was that.
Hahahhaha.

Does make you wonder if Hawaii thinks were special or have pull in the courts. On a side note though, from what I've been hearing Illinois is pretty special too regarding 2a laws. They had a section in the federal ccw bill that days they don't have to honor it or something like that. Supposedly they are worse then California for 2a

Funtimes

That's what im saying.
Like When you was young and you asked your mom something.
Then she be like no.
And you ask her why
And she be like,
Cause I said so. And that was that.
Hahahhaha.

Does make you wonder if Hawaii thinks were special or have pull in the courts. On a side note though, from what I've been hearing Illinois is pretty special too regarding 2a laws. They had a section in the federal ccw bill that days they don't have to honor it or something like that. Supposedly they are worse then California for 2a

Chicago, specifically, will be making lots of good 2A caselaw.  The 7th Circuit court of appeals has some good judges.
Check out the Hawaii Defense Foundation.
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Posts are not legal advice & are my own, unless said so.

Gordyf

 ???
Regards Bass monkey's comment of 12/01, I understand that Hawaii is special too under the Federal reciprocity law.
What I hear is that Hawaii does not have to extend CCW rights to it's own residents who may have an out of State permit
such as Utah or Florida. Only non Hawaii residents are covered.
Anything to this???
Aloha
Gordy

Growler67

As I stated earlier in this thread; The Federal Reciprocity Act includes specific language to mitigate any circumvention of a States resident laws/statutes by the "visitor/traveler" use stipulated within.  If your state of residence does not issue CC permits/licenses, an out of state one will NOT cover you in that state of residence.  There is NO by-pass loophole.  Hawaii "in effect" does not issue so no ammount of out of state permits NOR the Fed Recip Act (if signed into law) will make it legal for Hawaii residents to carry in Hawaii.
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