Open carry opinion from state attorney general (Read 11903 times)

groveler

Open carry opinion from state attorney general
« on: September 15, 2018, 03:43:39 PM »
Anybody see or read this?  Hopefully I did not mess this up.

Flapp_Jackson

Re: Open carry opinion from state attorney general
« Reply #1 on: September 15, 2018, 04:05:46 PM »
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

groveler

Re: Open carry opinion from state attorney general
« Reply #2 on: September 15, 2018, 04:36:18 PM »
https://2ahawaii.com/index.php?topic=8447.msg285963#msg285963
OOPS!
I guess I was more worried about a hurricane that day.

I was turned down for a concealed carry permit again( August 10,2018), usual dribble, your life isn't worth
it.  I will be applying for an open carry on Monday.  Our cops don't do this but I will
push the reporting per 134-14 to the police commission, if my honorable police chief
doesn't follow the rules.  I'm still looking for a lawyer to
do Qui Tam prosecution. US code 18 section 242.
abuse of power under color of law.

Flapp_Jackson

Re: Open carry opinion from state attorney general
« Reply #3 on: September 15, 2018, 04:40:48 PM »
OOPS!
I guess I was more worried about a hurricane that day.

I was turned down for a concealed carry permit again( August 10,2018), usual dribble, your life isn't worth
it.  I will be applying for an open carry on Monday.  Our cops don't do this but I will
push the reporting per 134-14 to the police commission, if my honorable police chief
doesn't follow the rules.  I'm still looking for a lawyer to
do Qui Tam prosecution. US code 18 section 242.
abuse of power under color of law.

They still believe the Police Chief has the final say on whether you can demonstrate an exceptional need above that of any "normal" citizen.  They basically are saying they don't BAN any form of carry -- as long as you can get the police chief to approve it using extraordinary and subjective criteria.

As Puna pointed out, the application forms contradict this AG letter. They have 2 categories: "Security" or "Citizen". There was never a method for applying to carry unconcealed without being in the security business.
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

punaperson

Re: Open carry opinion from state attorney general
« Reply #4 on: September 15, 2018, 05:01:22 PM »
As Puna pointed out, the application forms contradict this AG letter. They have 2 categories: "Security" or "Citizen". There was never a method for applying to carry unconcealed without being in the security business.
I will also point out that contrary to the suggestion/implication of Judge Clifford that there is no evidence as to "why" the people denied concealed carry licenses were denied, implying that they may have been disqualified for valid reasons, such as felons, domestic violence convictions, drug and alcohol abuse, etc., and thus no "typical law-abiding citizen" may have ever been denied a license (and thus the Hawaii scheme is not a de facto ban). One problem: the actual raw data submitted monthly via mandate from the county police departments to the Office of Attorney General (OAG) has a space where the reporting department must list the "reason(s)" why a permit (for long gun or handgun) or a license (for "security" or "citizen" carry, See issue #2) were denied. You'll see in looking at these forms, forms created by the OAG, that there is always a very specific reason given for denying a permit for a firearm ("domestic violence", etc.), but there is NEVER such a specific reason given for denying the carry licenses, EXCEPT  FOR "SECURITY" CARRY (aka "open"/"unconcealed"), where they give the same specific disqualifying reasons as they do for the firearm permit denials. For the "citizen" carry (aka "concealed"), every single denial reads "Does not meet chief's criteria", or some version of those words. I know "concealed carry is off the table", but I wanted to counter any claim that the people denied licenses (and trust me, they wouldn't even let you turn in the paperwork for a "security" (their words, not mine) license unless you could show proof of employment by a security company) because they were prohibited persons.

TLDR version: For "Security" licenses denied there is ALWAYS a specific reason given. For "Citizen" licenses denied there is NEVER a specific reason given. Thus further proving that they have never even processed a "citizen" applying for a "security" (which the AG laughably now calls an "unconcealed" carry) license.

changemyoil66

Re: Open carry opinion from state attorney general
« Reply #5 on: September 15, 2018, 11:16:19 PM »
Funny they say atm business is an example. How about being in the firearms business or transpoting guns often (going range). People can see u load them into the car.

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punaperson

Re: Open carry opinion from state attorney general
« Reply #6 on: September 16, 2018, 07:13:21 AM »
Funny they say atm business is an example. How about being in the firearms business or transpoting guns often (going range). People can see u load them into the car.
You can be observed taking cash at an ATM or leaving the range and followed and robbed, among many other possible scenarios in which a person is "targeted" for a crime. The cops and politicians (e.g. the Attorney General, the governor, police chiefs, mayors, etc.) don't give a shit about your personal safety, they couldn't care less (no, they care about "public safety"... note the difference). They have another agenda, and that agenda involves keeping citizens as disarmed as possible, as surveilled and tracked as possible about any arms they may have, and certainly making legal threats against anyone who would consider arming themselves in public for self-defense. And on top of that, virtually no one cares at all. Have a good day.

eyeeatingfish

Re: Open carry opinion from state attorney general
« Reply #7 on: September 16, 2018, 09:02:00 PM »
You can be observed taking cash at an ATM or leaving the range and followed and robbed, among many other possible scenarios in which a person is "targeted" for a crime. The cops and politicians (e.g. the Attorney General, the governor, police chiefs, mayors, etc.) don't give a shit about your personal safety, they couldn't care less (no, they care about "public safety"... note the difference). They have another agenda, and that agenda involves keeping citizens as disarmed as possible, as surveilled and tracked as possible about any arms they may have, and certainly making legal threats against anyone who would consider arming themselves in public for self-defense. And on top of that, virtually no one cares at all. Have a good day.

If  security guard shoots someone the company probably gets sued and not the government. But if a private citizen shoots you can bet someone would see much deeper pockets in the government and would sue them. Not sure if they take that into account or not but it could be what they fear.

punaperson

Re: Open carry opinion from state attorney general
« Reply #8 on: September 17, 2018, 07:10:55 AM »
If  security guard shoots someone the company probably gets sued and not the government. But if a private citizen shoots you can bet someone would see much deeper pockets in the government and would sue them. Not sure if they take that into account or not but it could be what they fear.
Name one case where a private citizen, not employed by any government agency, legally bearing a firearm in a legal location injured or killed an attacker and the attacker or the family of the attacker successfully sued some government agency. Just one. Okay, half a dozen.

changemyoil66

Re: Open carry opinion from state attorney general
« Reply #9 on: September 17, 2018, 09:13:45 AM »
If  security guard shoots someone the company probably gets sued and not the government. But if a private citizen shoots you can bet someone would see much deeper pockets in the government and would sue them. Not sure if they take that into account or not but it could be what they fear.

But on the opposite side, can a victim sue the government for being denied a permit?

punaperson

Re: Open carry opinion from state attorney general
« Reply #10 on: September 17, 2018, 09:44:59 AM »
But on the opposite side, can a victim sue the government for being denied a permit?
Not the ones who are dead, like Carol Bowne.

https://www.courierpostonline.com/story/opinion/readers/2018/01/30/commentary-brokenhearted-mom-vs-failed-system/1078843001/

A brokenhearted mom vs. a failed system


https://www.ammoland.com/2018/03/carol-bowne-open-letter-assembly-new-jersey/#ixzz5ROFFeXQ7

Do you Know Carol Bowne? An Open Letter to the Assembly of New Jersey, et.al.

eyeeatingfish

Re: Open carry opinion from state attorney general
« Reply #11 on: September 17, 2018, 08:41:34 PM »
Name one case where a private citizen, not employed by any government agency, legally bearing a firearm in a legal location injured or killed an attacker and the attacker or the family of the attacker successfully sued some government agency. Just one. Okay, half a dozen.

I am unaware of any person who has been allowed a private license to CCW and has actually killed someone. What is your point? Just because they haven't been sued for it before doesn't mean they wouldn't fear such a thing. You think the government has never been sued for BS things before?

punaperson

Re: Open carry opinion from state attorney general
« Reply #12 on: September 18, 2018, 07:03:23 AM »
I am unaware of any person who has been allowed a private license to CCW and has actually killed someone. What is your point? Just because they haven't been sued for it before doesn't mean they wouldn't fear such a thing. You think the government has never been sued for BS things before?
You are "unaware". That's an understatement. There are numerous, too many to count, cases of lawfully carrying private individuals committing justifiable homicides. My point is that you are making something up, pure speculation, out of thin air, with no basis in any reality at all, not one single instance ever anywhere, and then using that as a possible justification for government infringing to the extent of a total ban on the exercise of a fundamental individual enumerated constitutionally-protected natural civil right. Of course anyone anywhere can sue anyone anywhere at any time for anything... but those cases will be dismissed if they have no basis in law or fact. Fantasy cannot be used to justify anything at all in the real world. That would include you "commentary".

eyeeatingfish

Re: Open carry opinion from state attorney general
« Reply #13 on: September 18, 2018, 09:06:10 PM »
You are "unaware". That's an understatement. There are numerous, too many to count, cases of lawfully carrying private individuals committing justifiable homicides. My point is that you are making something up, pure speculation, out of thin air, with no basis in any reality at all, not one single instance ever anywhere, and then using that as a possible justification for government infringing to the extent of a total ban on the exercise of a fundamental individual enumerated constitutionally-protected natural civil right. Of course anyone anywhere can sue anyone anywhere at any time for anything... but those cases will be dismissed if they have no basis in law or fact. Fantasy cannot be used to justify anything at all in the real world. That would include you "commentary".

You miss the point. Maybe a police department has never been sued for issuing a CCW before but that is irrelevant. You made assumptions about what they care about so I speculated a possible reason why they might not want to issue. You missed the point because you said police departments are never sued for issuing CCW licenses when the point was not the actual likelihood but the fear. People fear things that have no basis in reality, but that doesn't mean the fear isn't real.

By the way, don't complain about my speculation if you are going to make such strong assumptive allegations.

punaperson

Re: Open carry opinion from state attorney general
« Reply #14 on: September 18, 2018, 09:09:45 PM »
You miss the point. Maybe a police department has never been sued for issuing a CCW before but that is irrelevant. You made assumptions about what they care about so I speculated a possible reason why they might not want to issue. You missed the point because you said police departments are never sued for issuing CCW licenses when the point was not the actual likelihood but the fear. People fear things that have no basis in reality, but that doesn't mean the fear isn't real.

By the way, don't complain about my speculation if you are going to make such strong assumptive allegations.

eyeeatingfish

Re: Open carry opinion from state attorney general
« Reply #15 on: September 18, 2018, 09:32:51 PM »

punaperson

Re: Open carry opinion from state attorney general
« Reply #16 on: September 19, 2018, 06:13:20 AM »
Now you know how I feel  :thumbsup:
Not really. You stated you don't have feelings. You are only "objective". Now you're contradicting yourself even about that?!

eyeeatingfish

Re: Open carry opinion from state attorney general
« Reply #17 on: September 21, 2018, 10:41:35 PM »
Not really. You stated you don't have feelings. You are only "objective". Now you're contradicting yourself even about that?!

Strawman

eyeeatingfish

Re: Open carry opinion from state attorney general
« Reply #18 on: September 21, 2018, 10:42:11 PM »
I am trying to copy and past a bit that I find important for anyone saying they need a firearm but it keeps cutting out some of the words.

Well basically the bottom half of page 8 lists a bunch of reasons for asking for a carry license that would be considered sufficient need.
It includes:
Domestic violence victims/stalking victims/political activists who have received credible threats
Witnesses who are testifying against someone likely to harm them
People who face heightened risk of attack due to profession including Physician, psychiatrist, entertainer, attorney, employed, atm resupply person, etc.

punaperson

Re: Open carry opinion from state attorney general
« Reply #19 on: September 22, 2018, 04:52:23 AM »
I am trying to copy and past a bit that I find important for anyone saying they need a firearm but it keeps cutting out some of the words.

Well basically the bottom half of page 8 lists a bunch of reasons for asking for a carry license that would be considered sufficient need.
It includes:
Domestic violence victims/stalking victims/political activists who have received credible threats
Witnesses who are testifying against someone likely to harm them
People who face heightened risk of attack due to profession including Physician, psychiatrist, entertainer, attorney, employed, atm resupply person, etc.
Thanks for pointing that out. Yeah, I'm pretty sure that's how the constitutions (U.S. and Hawaii) read:

"... the right of the people who "must demonstrate, among other things, that he or she [what?! no zhe, etc,?] has a need for protection that substantially exceeds that held by ordinary law-abiding citizens"  to keep and bear arms shall not be infringed."

Not sure why the Founders had to be so wordy about it. I guess that's the only way they could make unambiguously clear that "ordinary law-abiding citizens" did NOT have those rights.