Hopefully I'm not Messing up again.
I did a search.
I received a letter from the Hawaii Attorney general
stating they cannot rule on whether open carry is now legal
in Hawaii county due to the court ruling.
So much for "ignorance of the law is no excuse", as the
the enforcer of the law won't tell you what is legal or
illegal.  Cops only enforce what they believe the laws say.
Prosecutors and judges make the final determination.
I also noted Hawaii requested a En Banc review of the North V Hawaii
case  That has not been accepted yet.  I expect that if Kavanaugh is approved
for the SCOTUS.  The ninth will let it be.
Hirono is a real joke.  She hates men and proudly points it out.
She is no believer in innocent until proven guilty, she would have made a
good officer in Nanjing china in just prior to WWII (Dec 1937)

Hopefully I'm not Messing up again.
I did a search.
I received a letter from the Hawaii Attorney general
stating they cannot rule on whether open carry is now legal
in Hawaii county due to the court ruling.
So much for "ignorance of the law is no excuse", as the
the enforcer of the law won't tell you what is legal or
illegal.  Cops only enforce what they believe the laws say.
Prosecutors and judges make the final determination.
I also noted Hawaii requested a En Banc review of the North V Hawaii
case  That has not been accepted yet.  I expect that if Kavanaugh is approved
for the SCOTUS.  The ninth will let it be.
Hirono is a real joke.  She hates men and proudly points it out.
She is no believer in innocent until proven guilty, she would have made a
good officer in Nanjing china in just prior to WWII (Dec 1937)

This is why lawyers make so much money. The system requires us "normal citizens" to pay for legal advice. Only if you're charged with a crime does the right to a state-funded attorney come into play.

Since the AG exists to work in the interests of "the state", for them to give legal advice in any other capacity would be a conflict. They can't tell you, "Sure it's legal! No problem!", then have to prosecute you for following their advice.

This is why lawyers make so much money. The system requires us "normal citizens" to pay for legal advice. Only if you're charged with a crime does the right to a state-funded attorney come into play.

Since the AG exists to work in the interests of "the state", for them to give legal advice in any other capacity would be a conflict. They can't tell you, "Sure it's legal! No problem!", then have to prosecute you for following their advice.

And on top of that, even if you paid an attorney for advice and legal interpretation that is no guarantee you would be protected from prosecution either!

That is crazy they that would not be able to give a straight answer.

I have been looking but I cannot seem to determine when exactly a law overturned as unconstitutional would cease to be unenforceable. The 9ths circuit court overturned the law so it should be perfectly legal... but does the appeals process put it on hold? I will post the answer if I can find it.

And on top of that, even if you paid an attorney for advice and legal interpretation that is no guarantee you would be protected from prosecution either!

That is crazy they that would not be able to give a straight answer.

I have been looking but I cannot seem to determine when exactly a law overturned as unconstitutional would cease to be unenforceable. The 9ths circuit court overturned the law so it should be perfectly legal... but does the appeals process put it on hold? I will post the answer if I can find it.

There's no guarantee of anything when it comes to the courts -- other than you'll be spending all your money to prove you shouldn't have been in court in the first place.

If you happen to be advised by your lawyer in writing, and you followed that advice, as long as the violation wasn't something a layman should know is illegal (like murder or stealing a car), then you actually have a defense.

You can also sue your lawyer for malpractice and file a complaint with the state bar.

If you can prove the elements of legal malpractice, that's grounds for appeal, either to set the verdict aside or for a retrial, depending on the prosecutor's intentions for refiling.

There's no guarantee of anything when it comes to the courts -- other than you'll be spending all your money to prove you shouldn't have been in court in the first place.

If you happen to be advised by your lawyer in writing, and you followed that advice, as long as the violation wasn't something a layman should know is illegal (like murder or stealing a car), then you actually have a defense.

You can also sue your lawyer for malpractice and file a complaint with the state bar.

If you can prove the elements of legal malpractice, that's grounds for appeal, either to set the verdict aside or for a retrial, depending on the prosecutor's intentions for refiling.

If you get your "misunderstanding" from a government entity it can be a defense though. I am not sure if the defense of "the police officer told me it was legal" has ever been used or ever succeeded though.

§702-220 Ignorance or mistake of law; belief that conduct not legally prohibited. In any prosecution, it shall be an affirmative defense that the defendant engaged in the conduct or caused the result alleged under the belief that the conduct or result was not legally prohibited when the defendant acts in reasonable reliance upon an official statement of the law, afterward determined to be invalid or erroneous, contained in:

(1) A statute or other enactment;

(2) A judicial decision, opinion, or judgment;

(3) An administrative order or administrative grant of permission; or

(4) An official interpretation of the public officer or body charged by law with responsibility for the interpretation, administration, or enforcement of the law defining the offense.

Remember this is Hawaii.  They make up or change things to try and get a conviction. I.E. Deedy.
Then you have the outstanding Prosecutor's Office run by the likes of Kaneshiro and Kealoha.  At least Kealoha is finally out.

And on top of that, even if you paid an attorney for advice and legal interpretation that is no guarantee you would be protected from prosecution either!

That is crazy they that would not be able to give a straight answer.

I have been looking but I cannot seem to determine when exactly a law overturned as unconstitutional would cease to be unenforceable. The 9ths circuit court overturned the law so it should be perfectly legal... but does the appeals process put it on hold? I will post the answer if I can find it.

focus
it's pretty basic
it's even in the decision
REVERSED as to the County, DISMISSED as to the State, and REMANDED for further proceedings consistent with this opinion.

they are not overturning the LAW, they are overturning the DECISION
it is up to the State Court to decide what to do next

focus
it's pretty basic
it's even in the decision
REVERSED as to the County, DISMISSED as to the State, and REMANDED for further proceedings consistent with this opinion.

they are not overturning the LAW, they are overturning the DECISION
it is up to the State Court to decide what to do next

I'm sure there at least two of us on this site that live on the Big Island.
I applied for open carry permit on 9/17.  I encourage everyone to do so,
here and on their respective islands. If you include the PDF of the AG letter
the postage is $0.71.
When seconds count,  IF you can get a cell connection the cops are
minutes to hours away.

When seconds count,  IF you can get a cell connection the cops are
minutes to hours away.

And even if the cops do eventually show up (no cell reception at my property or much of my subdivision) they have absolutely no legal obligation to help you in any manner. They can just stand there and watch you, your spouse and your children be tortured to death and be immune from any prosecution of any kind (you know, like the cops at various "school shooter" incidents that "followed protocol" and waited outside while the students were being killed inside). We are all on our own. Now why wouldn't they want us to be able to defend ourselves? The only "public safety" threat during the last carjacking one street over was that the armed criminals may have been shot had the victim been armed. We can't have that happen!

Let us know if you get anything more than "DENIED" back from Ferreira. Or does he even deal with anything legal any more? All my stuff addressed to him now comes back from the Office of the Corporation Counsel, who are apparently his boss. Chain of command.

And even if the cops do eventually show up (no cell reception at my property or much of my subdivision) they have absolutely no legal obligation to help you in any manner. They can just stand there and watch you, your spouse and your children be tortured to death and be immune from any prosecution of any kind (you know, like the cops at various "school shooter" incidents that "followed protocol" and waited outside while the students were being killed inside). We are all on our own. Now why wouldn't they want us to be able to defend ourselves? The only "public safety" threat during the last carjacking one street over was that the armed criminals may have been shot had the victim been armed. We can't have that happen!

Let us know if you get anything more than "DENIED" back from Ferreira. Or does he even deal with anything legal any more? All my stuff addressed to him now comes back from the Office of the Corporation Counsel, who are apparently his boss. Chain of command.

Will keep you all informed.
If I get refused this time I'll go to the police commission
just to get it on the public record.
The commission is just a bunch of transplanted liberals, but
at least they have to go on record
ignoring a court decision and making a definition of  the
word "Urgent" public and that the AG of Hawaii won't tell me
if I am breaking a law.