Open carry opinion from state attorney general (Read 11888 times)

macsak

Re: Open carry opinion from state attorney general
« Reply #20 on: September 22, 2018, 07:12:24 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.

are you talking about the document that is posted in the first post in this thread that states on the bottom half of page 8 reasons to grant a carry license?

eyeeatingfish

Re: Open carry opinion from state attorney general
« Reply #21 on: September 22, 2018, 09:33:59 PM »
are you talking about the document that is posted in the first post in this thread that states on the bottom half of page 8 reasons to grant a carry license?

Yes. When I try to select the text it highlights it weirdly and only gets some of the words copied.

eyeeatingfish

Re: Open carry opinion from state attorney general
« Reply #22 on: September 22, 2018, 09:37:48 PM »
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.

The point is that the legal opinion in the letter gives a pretty wide set of circumstances where someone can ask for and should be given a carry license.

punaperson

Re: Open carry opinion from state attorney general
« Reply #23 on: September 22, 2018, 10:06:05 PM »
The point is that the legal opinion in the letter gives a pretty wide set of circumstances where someone can ask for and should be given a carry license.
Please give us an estimate of what "a pretty wide set of circumstances" would involve as a percentage of the pool of all law-abiding citizens.

I'm guessing (significantly?) less than one percent would qualify by the criteria stated.

You think that the Constitutional protection of the Second Amendment-protected rights was intended to apply only to that percentage of law-abiding citizens?

That's essentially the same "set of circumstances" that would substantiate the "exceptional case" criteria in order to receive a concealed carry license. They have issued four of those in 18 years. That's what you consider a "pretty wide set of circumstances"?

That's a joke. O'Scannlain and Ikuta know it. Several other judges on the Ninth Circuit know it. And four or five (current or soon to be) SCOTUS justices know it. I only hope I live long enough to see them shove it up the asses of the arrogant pricks that currently impose their tyranny on us.

eyeeatingfish

Re: Open carry opinion from state attorney general
« Reply #24 on: September 22, 2018, 10:14:04 PM »
Please give us an estimate of what "a pretty wide set of circumstances" would involve as a percentage of the pool of all law-abiding citizens.

I already did, read the bottom half of page 8 of the document listed.

Quote
You think that the Constitutional protection of the Second Amendment-protected rights was intended to apply only to that percentage of law-abiding citizens?

I never made that argument. You are preaching to the choir here but you are missing the point. I am saying that the state's own legal opinion shows the police department wrong for pretty much blanket denying permits.

punaperson

Re: Open carry opinion from state attorney general
« Reply #25 on: September 23, 2018, 06:22:08 AM »
I already did, read the bottom half of page 8 of the document listed.
No you didn't. I'm quite familiar with the list on the bottom half of page 8. I asked you what percentage of the law-abiding population of this state would likely be covered by those "exceptions" to the "no issue policy". I.e. what percentage of the state's law-abiding citizens are "eligible" to exercise the constitutionally-protected right to bear arms by those criteria? Why don't you just answer that question? Yes, I know you'd be "speculating", but since you do that all the time, why not do it here in this instance. No one is going to hold you to it as if you proclaimed a "fact". Since you seem to think the AG opinion is some sort of "slap down" to the police chiefs, just tell us what percentage of the population would now be eligible to exercise their right to bear arms under the AG guidelines. Like I wrote, I'm guessing it's less than one percent of the population.


I never made that argument. You are preaching to the choir here but you are missing the point. I am saying that the state's own legal opinion shows the police department wrong for pretty much blanket denying permits.
No, it's you who is missing the point. The point is that the "criteria" issued by the AG for eligibility to exercise a right proves that it is in fact a privilege reserved for a miniscule fraction of law-abiding citizens subject to the discretion of some bureaucrat somewhere who can interpret whatever s/he wants in any way s/he wants. And that fact hardly comports, at all, with the very concept of a "right".

And the opinion of the AG does NOT "show the police department wrong for pretty much blanket denying permits". Not at all. Please explain how it shows what you claim. If anything, as it is intended to do, it lays out the extreme narrowness of who is eligible to even theoretically receive a license, and can thus point to the "no issue policy" and claim "See, there is no one who has been denied a license who meets these criteria. Not one single entertainer with a stalker who has made verified death threats or documented multiple physical assaults upon the entertainer has been denied a license." Etc. It's the exact OPPOSITE of what you claim: it is a JUSTIFICATION for the fact that they have only issued 4 licenses in 18 years, NOT a slap at that fact.

RSN172

Re: Open carry opinion from state attorney general
« Reply #26 on: September 23, 2018, 11:31:16 AM »
Under the requirements listed in the AG’s letter, I would say way less than 1% would qualify.  I base this on the amount of people I know and of that group, how many can meet the standard of “life and property “ or have been granted a TRO that was violated or is a lawyer or doctor with a violent client that threatened them and the threat was documented.  It is still a ban and unless the wording is changed to shall issue, things will be no different.  I would not meet the standards listed and I have CCW permits in three states.
Happily living in Puna

eyeeatingfish

Re: Open carry opinion from state attorney general
« Reply #27 on: September 23, 2018, 09:40:48 PM »
No you didn't. I'm quite familiar with the list on the bottom half of page 8. I asked you what percentage of the law-abiding population of this state would likely be covered by those "exceptions" to the "no issue policy". I.e. what percentage of the state's law-abiding citizens are "eligible" to exercise the constitutionally-protected right to bear arms by those criteria?

Ok, if I made a rough guess, maybe 10 percent. I am making my guess not limited on the specific professions mentioned but any profession that could fall under similar risk.

And what would your guess be?

Quote
No, it's you who is missing the point. The point is that the "criteria" issued by the AG for eligibility to exercise a right proves that it is in fact a privilege reserved for a miniscule fraction of law-abiding citizens subject to the discretion of some bureaucrat somewhere who can interpret whatever s/he wants in any way s/he wants. And that fact hardly comports, at all, with the very concept of a "right".

I made the comment, I know what my point was.

I know the letter isn't where you think it should be, it isn't where I think it should be either. But the letter is a step closer to where we think it should be than to what the police department seems to think.

Quote
And the opinion of the AG does NOT "show the police department wrong for pretty much blanket denying permits". Not at all.

From the letter, page 9
"Accordingly, we advise that chiefs of police may exercise reasonable discretion to deny licenses to otherwise-qualified applicants, but that discretion may not be exercised in an arbitrary or capricious manner. Chiefs of police should exercise their discretion to deny unconcealed-carry licenses to qualified applicants only where an applicant's characteristics or circumstances render the applicant unsuitable to carry an unconcealed firearm for reasons not captured by the express statutory requirements."

It goes on a little further but it basically says the discretion should be for cause and should not be used to nullify section 134-9 (the law for carry licenses.

RSN172

Re: Open carry opinion from state attorney general
« Reply #28 on: September 23, 2018, 10:43:49 PM »
Ok, if I made a rough guess, maybe 10 percent. I am making my guess not limited on the specific professions mentioned but any profession that could fall under similar risk.


With all due respect, I think your guess is way too high.  Of all the people you know who are not LEOs or security personnel, do you really think 10% would meet the requirements outlined by the AG? 
Happily living in Puna

changemyoil66

Re: Open carry opinion from state attorney general
« Reply #29 on: September 23, 2018, 10:59:06 PM »
Political activity, might be everyones best bet.

But whats the definition? Does it have to be specificically with presidents, vp, senators, mayors, etc...and supporting or not supproting them?

Or can being threatened for exercising a right, protesting a topic or legal activity count?



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Soleyobo

Re: Open carry opinion from state attorney general
« Reply #30 on: September 24, 2018, 06:28:25 AM »
So basically you have a better chance at winning the lottery?   :crazy:

punaperson

Re: Open carry opinion from state attorney general
« Reply #31 on: September 24, 2018, 07:16:50 AM »
Ok, if I made a rough guess, maybe 10 percent. I am making my guess not limited on the specific professions mentioned but any profession that could fall under similar risk.

Seriously?! How can you write that kind of shit with a straight face? I'm guessing you likely don't. So if you stood out on a busy street corner and asked people "Do you have "credible threats [note plural in AG opinion] of death or serious bodily harm" and/or does your "job requires transporting large quantities of cash"?" that one of out ten people would answer "YES!! Funny you should ask, I'm on my way to the police station right now to get my open carry license." You are truly delusional.

And what would your guess be?

I already state my guess twice... here's the third time, just for your benefit: likely less than one per cent, perhaps substantially less than one percent (e.g. one tenth of one per cent... i.e. one person in a thousand. And probably far fewer than that.).

I made the comment, I know what my point was.

And my point was that your point is plainly wrong.

I know the letter isn't where you think it should be, it isn't where I think it should be either. But the letter is a step closer to where we think it should be than to what the police department seems to think.

From the letter, page 9
"Accordingly, we advise that chiefs of police may exercise reasonable discretion to deny licenses to otherwise-qualified applicants, but that discretion may not be exercised in an arbitrary or capricious manner. Chiefs of police should exercise their discretion to deny unconcealed-carry licenses to qualified applicants only where an applicant's characteristics or circumstances render the applicant unsuitable to carry an unconcealed firearm for reasons not captured by the express statutory requirements."

It goes on a little further but it basically says the discretion should be for cause and should not be used to nullify section 134-9 (the law for carry licenses.

The "letter" is not "a step closer". That's my point. You are wrong. The Opinion No. 18-1 is a justification for the current "no issue" policy, not a denial of it or even a questioning of it. The proof of that is that there will not be one person who was ever denied a license that will be able to come forward and say "I met those criteria, but was denied a license due to "arbitrary and capricious discretion" by the chief." If they have issued essentially no licenses (unless you are a judge or military member, the two we know of) and under the new Opinion they will continue to issue no licenses, then it is more than overtly clear that the whole point of the opinion is to keep Hawaii a de facto "no issue" jurisdiction. The Opinion is just pablum for the ignorant and uninformed that there is some theoretical hypothetical route and criteria by which a person who "really needs" to protect themselves outside their home can do so. That that is a lie is proven day in and day out by the fact that dozens (hundreds?) of people are victims of crime in this state while outside their homes and not one single one of them is able to lawfully defend themselves with the best tool for the job. It's a whitewash, a sham, a joke. But apparently to you it's a reasonable first step... even though it's neither reasonable nor a step at all.

punaperson

Re: Open carry opinion from state attorney general
« Reply #32 on: September 24, 2018, 07:22:53 AM »
Political activity, might be everyones best bet.

But whats the definition? Does it have to be specificically with presidents, vp, senators, mayors, etc...and supporting or not supproting them?

Or can being threatened for exercising a right, protesting a topic or legal activity count?
A large group of "political activists", about some issue or other, could all issue anonymous threats (plural required) against each other.

One problem, those would not be judged "credible". The Opinion doesn't define "credible" and we don't have to guess who would be the arbiter of "credibility", and since no one has ever received an open carry license apparently there has never ever been a "credible threat".

Now the two cases on Kauai of issuing concealed licenses may have been judged to have been "credible threats", but those licenses were both granted to government employees (a judge and a military member), so they hardly seem to apply to ordinary law-abiding citizens, and rather only further demonstrate that it is a privilege of the "connected".

changemyoil66

Re: Open carry opinion from state attorney general
« Reply #33 on: September 24, 2018, 08:48:37 AM »
A large group of "political activists", about some issue or other, could all issue anonymous threats (plural required) against each other.

One problem, those would not be judged "credible". The Opinion doesn't define "credible" and we don't have to guess who would be the arbiter of "credibility", and since no one has ever received an open carry license apparently there has never ever been a "credible threat".

Now the two cases on Kauai of issuing concealed licenses may have been judged to have been "credible threats", but those licenses were both granted to government employees (a judge and a military member), so they hardly seem to apply to ordinary law-abiding citizens, and rather only further demonstrate that it is a privilege of the "connected".

That;s what I was thinking.  The letter from the AG makes it look like it's possible to get a permit.  But in reality, it's not.  Still totally up to the call of the chief and to her what's a "credible threat".  Just like when Hawaii was a non-issue CCW, then changed to "may issue".  I bet plenty of people got excited, until no one got approved.

punaperson

Re: Open carry opinion from state attorney general
« Reply #34 on: September 24, 2018, 09:22:06 AM »
That;s what I was thinking.  The letter from the AG makes it look like it's possible to get a permit.  But in reality, it's not.  Still totally up to the call of the chief and to her what's a "credible threat".  Just like when Hawaii was a non-issue CCW, then changed to "may issue".  I bet plenty of people got excited, until no one got approved.
In that NRA Cam and Company interview with HRA's Harvey Gerwig he stated that he had either organized or was aware of several people who had applied for licenses after the Opinion, and that those people were some kind of "special cases", but the only one I recall was of a person who had had polio and was of limited mobility. You'll note that there is no provision in the Opinion that exempts anyone with any kind of "limitation". Besides, what will it prove or help to have some uniquely situated person be granted a license? Absolutely no one else will be in those same circumstances and therefore no ordinary law-abiding citizens will be eligible, any more than they are now.

Note this wording with the Opinion at (a) [emphasis added]:

A person who has suffered serious domestic abuse from a
former partner who has violated previous protective orders;

So the chief will 1. be able to determine whether the "domestic abuse"/injury is "serious". What is the standard? Pushed into a wall or onto the floor? Black eye? Skull fracture? Stabbed in the heart? Anyone that thinks this is a "step forward" is delusional.
2. determine whether someone attacking a person is officially a "former partner". That sounds like a "he said she said". She: "He was my former partner." He: "No fucking way. She was just some skank ho I hooked up with a few times who stole money from me." Anyone that thinks this is a "step forward" is delusional.
3. determine exactly what is or isn't a violation of a previous protective order, by some arbitrary and capricious discretion of the chief. "He came within 300 feet of me". "No I didn't".Anyone that thinks this is a "step forward" is delusional.
4. Note that the violations must be multiple, not just one, and not just of one protective order, but multiple protective orders. You think the AG just accidentally made all those requirements plural rather than singular instances? Anyone that thinks this is a "step forward" is delusional.
5. Note that ALL THREE CONDITIONS MUST BE MET to even be considered for a license, along with all the other criteria. Anyone that thinks this is a "step forward" is delusional.
6.. Anyone that thinks this is a "step forward" is delusional.
« Last Edit: September 24, 2018, 09:28:17 AM by punaperson »

punaperson

Re: Open carry opinion from state attorney general
« Reply #35 on: September 24, 2018, 09:54:25 AM »

eyeeatingfish

Re: Open carry opinion from state attorney general
« Reply #36 on: September 26, 2018, 08:47:27 PM »
With all due respect, I think your guess is way too high.  Of all the people you know who are not LEOs or security personnel, do you really think 10% would meet the requirements outlined by the AG?

Not sure. I could be wrong. Depends how narrowly or widely you look at the types of professions in question.

To me I just see it as a starting place to justify one's request. Maybe I don't restock ATMs but maybe I do open a small business and bring the cash with me to work, making me a possible target (for example). Not where it should be of course but it is something to try and build on as I see it.

eyeeatingfish

Re: Open carry opinion from state attorney general
« Reply #37 on: September 26, 2018, 08:55:59 PM »
The "letter" is not "a step closer". That's my point. You are wrong. The Opinion No. 18-1 is a justification for the current "no issue" policy, not a denial of it or even a questioning of it. The proof of that is that there will not be one person who was ever denied a license that will be able to come forward and say "I met those criteria, but was denied a license due to "arbitrary and capricious discretion" by the chief." If they have issued essentially no licenses (unless you are a judge or military member, the two we know of) and under the new Opinion they will continue to issue no licenses, then it is more than overtly clear that the whole point of the opinion is to keep Hawaii a de facto "no issue" jurisdiction. The Opinion is just pablum for the ignorant and uninformed that there is some theoretical hypothetical route and criteria by which a person who "really needs" to protect themselves outside their home can do so. That that is a lie is proven day in and day out by the fact that dozens (hundreds?) of people are victims of crime in this state while outside their homes and not one single one of them is able to lawfully defend themselves with the best tool for the job. It's a whitewash, a sham, a joke. But apparently to you it's a reasonable first step... even though it's neither reasonable nor a step at all.

I never said it was reasonable, don't put words in my mouth.

It isn't what we want but it is what we have and we should try to take advantage of it while simultaneously working for increased protection. That is what you are missing, stop looking at everything as black and white, all or nothing.

punaperson

Re: Open carry opinion from state attorney general
« Reply #38 on: September 26, 2018, 09:54:40 PM »
I never said it was reasonable, don't put words in my mouth.

It isn't what we want but it is what we have and we should try to take advantage of it while simultaneously working for increased protection. That is what you are missing, stop looking at everything as black and white, all or nothing.
What you now have is nothing. The cops declarations (submitted by Honolulu, Kauai, and Maui PDs with those counties' amicus brief) state that the policy stated in the Opinion has always been their policy... thus the Opiinion policy. which the cops claim has always been in effect, has resulted in no unconclealed licenses ever being issued. And that policy continues in effect. Where is your "something" compared to nothing? What is it exactly that you are going to "take advantage of"? Why didn't you take advantagbe of it during the past 20 years while the same policy has been in effect? Show me.

macsak

Re: Open carry opinion from state attorney general
« Reply #39 on: September 26, 2018, 10:02:35 PM »
What you now have is nothing. The cops declarations (submitted by Honolulu, Kauai, and Maui PDs with those counties' amicus brief) state that the policy stated in the Opinion has always been their policy... thus the Opiinion policy. which the cops claim has always been in effect, has resulted in no unconclealed licenses ever being issued. And that policy continues in effect. Where is your "something" compared to nothing? What is it exactly that you are going to "take advantage of"? Why didn't you take advantagbe of it during the past 20 years while the same policy has been in effect? Show me.

he already is able to carry...