Appeals court panel rules in favor of open carry in Hawaii (Read 29381 times)

fang23

A three-judge panel of the 9th US Circuit Court of Appeals ruled today in favor of open carry in Hawaii case:

http://www.startribune.com/appeals-court-says-2nd-amendment-allows-open-carry-of-guns/489026461/

https://www.reuters.com/article/us-usa-guns-court/us-appeals-court-constitution-gives-right-to-carry-gun-in-public-idUSKBN1KE28C

And here's the court's ruling:
http://cdn.ca9.uscourts.gov/datastore/opinions/2018/07/24/12-17808.pdf

What does it all mean? I'm no lawyer. But I would like to buy George K. Young Jr. a beer
« Last Edit: July 24, 2018, 08:42:27 AM by fang23 »
"If it ain't one thing, it's another."

fang23

Re: Appeals court panel rules in favor of open carry in Hawaii
« Reply #1 on: July 24, 2018, 08:47:14 AM »
There's already a thread on this in General Topics, Legal and activism, Update Young v. State of Hawaii:
https://2ahawaii.com/index.php?topic=8447.80

« Last Edit: July 24, 2018, 09:04:03 AM by fang23 »
"If it ain't one thing, it's another."

ptanabe

Re: Appeals court panel rules in favor of open carry in Hawaii
« Reply #2 on: July 24, 2018, 08:50:35 AM »
Where did this case come from? I wasn’t even aware of it until my brother called me and told me of the ruling?

macsak

Re: Appeals court panel rules in favor of open carry in Hawaii
« Reply #3 on: July 24, 2018, 08:53:52 AM »
Where did this case come from? I wasn’t even aware of it until my brother called me and told me of the ruling?

big island
case has been going on for years

check out the other thread, the lawyers are on it

RSN172

Re: Appeals court panel rules in favor of open carry in Hawaii
« Reply #4 on: July 24, 2018, 09:11:57 AM »
big island
case has been going on for years

check out the other thread, the lawyers are on it

Yeah, and since Hawaii gun carry permits are county specific, only us Big Island people will be allowed to carry.  LOL.
Happily living in Puna

changemyoil66

Re: Appeals court panel rules in favor of open carry in Hawaii
« Reply #5 on: July 24, 2018, 10:13:01 AM »
Yeah, and since Hawaii gun carry permits are county specific, only us Big Island people will be allowed to carry.  LOL.

Damn got all hard for nothing.  Im on Oahu

groveler

Re: Appeals court panel rules in favor of open carry in Hawaii
« Reply #6 on: July 24, 2018, 11:58:48 AM »
I've followed this Young thing for years.
I always knew he would win.
I usually apply yearly for a CC permit just to get turned down.
I've even given testimony to the police commission.
They get some really crazy people there BTW.
But I think the Liberals on the commission are even crazier.
But until I get a reading from the police chief I won't open carry.
I do have a 26.5 mm signal device, and a adapter for a .410 shot-shell,
or .45 long Colt that I keep in my truck. They are separate so no laws are
violated.
Great short barrel shotgun.
I look forward to carrying my 9mm in public.
I legally carried concealed,  my PPK clone in WA
state for over 15 years, I'd go back to that in a second
before open carry.
Society is far better of if criminals can assume but do not know
if everyone is armed.

MDS

Re: Appeals court panel rules in favor of open carry in Hawaii
« Reply #7 on: July 24, 2018, 06:48:42 PM »
The ruling applies to the whole state. Last week the 9th circus also crushed Hawaii's 10 round limit magazine law.

Unless this opinion is reversed en banch, the state will have to change its "may issue" to "shall issue" and toss out its ban on magazine capacities of over ten rounds.

So, the State has some major alterations to make, soon.

Bota-CS1

Re: Appeals court panel rules in favor of open carry in Hawaii
« Reply #8 on: July 24, 2018, 07:11:37 PM »
The ruling applies to the whole state. Last week the 9th circus also crushed Hawaii's 10 round limit magazine law.

Unless this opinion is reversed en banch, the state will have to change its "may issue" to "shall issue" and toss out its ban on magazine capacities of over ten rounds.

So, the State has some major alterations to make, soon.

Let’s hope so.  This topic has been on fire on social media.  Lots of Hawaii residents saying “go back to the mainland with your open carry -we have the lowest gun crime rate in the nation”. Really? Ask Officer Kalailoa’s family if they agree with that.  I was born and raised and I see Hawaii as it is and not how I’d like it to be from yester year.  If Kaiwi was willing to blast a cop - what makes you think that he wouldn’t do the same to you if you’d have walked in on him burglarizing your house? 
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.

RSN172

Re: Appeals court panel rules in favor of open carry in Hawaii
« Reply #9 on: July 24, 2018, 09:49:49 PM »
Let’s hope so.  This topic has been on fire on social media.  Lots of Hawaii residents saying “go back to the mainland with your open carry -we have the lowest gun crime rate in the nation”. Really? Ask Officer Kalailoa’s family if they agree with that.  I was born and raised and I see Hawaii as it is and not how I’d like it to be from yester year.  If Kaiwi was willing to blast a cop - what makes you think that he wouldn’t do the same to you if you’d have walked in on him burglarizing your house?

If we get the right to open carry, I can see some local a-holes giving verbal abuse to those carrying, may be even trying to get in a fight.  Open carry is a start, but basically a bad idea in more ways than one. 
Happily living in Puna

Flapp_Jackson

Re: Appeals court panel rules in favor of open carry in Hawaii
« Reply #10 on: July 24, 2018, 10:57:46 PM »
If we get the right to open carry, I can see some local a-holes giving verbal abuse to those carrying, may be even trying to get in a fight.  Open carry is a start, but basically a bad idea in more ways than one.

If you carry a firearm, a little verbal abuse shouldn't bother you.

If you're armed, you have to be a better person than you usually think you can be.

If someone tries to start something, you walk away. If someone is road raging, you call the cops. If someone sees you open carrying and wants to harass you, just ignore him.

If you get into an altercation, even if you never draw your weapon, the a-hole could claim you threatened to shoot him.

I foresee a new market for private body cams.
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

hvybarrels

Re: Appeals court panel rules in favor of open carry in Hawaii
« Reply #11 on: July 24, 2018, 11:45:10 PM »
At first it will definitely be strange, but the good thing is that will grease the gears for making CC possible.

"Oh so you don't want to see this thing? Then let's change the law so that you don't have to."
Sharing is caring, but forced redistribution is communism.

Flapp_Jackson

Re: Appeals court panel rules in favor of open carry in Hawaii
« Reply #12 on: July 24, 2018, 11:52:57 PM »
At first it will definitely be strange, but the good thing is that will grease the gears for making CC possible.

"Oh so you don't want to see this thing? Then let's change the law so that you don't have to."

Most states that passed CC already had open carry, but the voters pushed to not have guns so visible in public. Once they have to make the choice, lawmakers normally favor CC over OC.  There's no real benefit to public safety or law enforcement by forcing open carry exclusively.
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

rklapp

Re: Appeals court panel rules in favor of open carry in Hawaii
« Reply #13 on: July 25, 2018, 05:53:13 AM »
Yeah, and since Hawaii gun carry permits are county specific, only us Big Island people will be allowed to carry.  LOL.
But with legal precedence, it should be easy to expand the shall issue to all islands, right?
Yahh! Freedom and justice shall always prevail over tyranny, Babysitter Girl!
https://ronsreloading.wordpress.com/

RSN172

Re: Appeals court panel rules in favor of open carry in Hawaii
« Reply #14 on: July 25, 2018, 06:45:27 AM »
I am sure the law will change to state wide.  The current law being only good for the county you get the permit in is stupid, but what else can you expect from a Dumbocratic society.
Happily living in Puna

zippz

Re: Appeals court panel rules in favor of open carry in Hawaii
« Reply #15 on: July 25, 2018, 07:00:11 AM »
I am sure the law will change to state wide.  The current law being only good for the county you get the permit in is stupid, but what else can you expect from a Dumbocratic society.

Thats a good point, going to have to change the law in 2019 legislature.  Plus reciprocity from other states

drck1000

Re: Appeals court panel rules in favor of open carry in Hawaii
« Reply #16 on: July 25, 2018, 07:16:52 AM »
Let’s hope so.  This topic has been on fire on social media.  Lots of Hawaii residents saying “go back to the mainland with your open carry -we have the lowest gun crime rate in the nation”. Really? Ask Officer Kalailoa’s family if they agree with that.  I was born and raised and I see Hawaii as it is and not how I’d like it to be from yester year. If Kaiwi was willing to blast a cop - what makes you think that he wouldn’t do the same to you if you’d have walked in on him burglarizing your house?
Was just talking about this the other day with a HS buddy.  Back in the day, we used to get dropped off at Pearlridge, go watch movies, cruise at Fun Factory or Tilt, etc.  Get picked up around 10 pm or so.  It was safe.  No worries.  I go by there now and there are tons of young punks.  Not only that, those reports of folks stalking to pick up teenage girls and other stuff.  We each had our own theories about why that is, but bottom line was things have changed and it's not like "yester year".  More folks getting attacked with knives and even guns these days.  We may have pretty low crime in Hawaii, but what's it going to take?  For things to turn like Chicago? 

Folks can bury their head in the sand and think lull themselves into a sense of security, serenity and all that safe space BS.  I know that isn't the reality and that only breeds sheep.  That's why I train. . .

drck1000

Re: Appeals court panel rules in favor of open carry in Hawaii
« Reply #17 on: July 25, 2018, 07:20:19 AM »
If we get the right to open carry, I can see some local a-holes giving verbal abuse to those carrying, may be even trying to get in a fight.  Open carry is a start, but basically a bad idea in more ways than one.
Hell, we see that happening now with punks getting into scuffles, running off and coming back with guns.  And it's not only "local a-holes".  It's any damn a-holes. . .

drck1000

Re: Appeals court panel rules in favor of open carry in Hawaii
« Reply #18 on: July 25, 2018, 07:22:31 AM »


I foresee a new market for private body cams.
No need.  The millenials will be there videoing it for you.  ;D

Was getting my hair cut the other day and they were showing this attack in Thailand that was caught in video.  Something about in Thailand, there are cameras everywhere, but mostly for traffic issues and to protect from car theft, so many times, those cameras pick up incidents like that. 

Locker_09

Re: Appeals court panel rules in favor of open carry in Hawaii
« Reply #19 on: July 25, 2018, 10:38:38 AM »
So when can we start applying?