*VICTORY* CHECKS ON THE WAY ** POLICE FAN PAGE BRINGS FIRST AMENDMENT LAWSUIT (Read 29497 times)

pastordennis

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Re: POLICE FAN PAGE BRINGS FIRST AMENDMENT LAWSUIT
« Reply #40 on: September 09, 2012, 01:41:00 PM »
Eh...Funtimes.....thats what Im talking about!!!!! Is this prophetic for your lawsuit on CCW?
Pastor Dennis

eyeeatingfish

Re: POLICE FAN PAGE BRINGS FIRST AMENDMENT LAWSUIT
« Reply #41 on: September 10, 2012, 04:41:14 PM »
I was hoping that congress would pass the concealed carry permit reciprocity law, then people in Hawaii would have a means to carry until the state legislature somehow found a way to change the concealed carry law.

Heavies

Re: POLICE FAN PAGE BRINGS FIRST AMENDMENT LAWSUIT
« Reply #42 on: September 11, 2012, 03:45:11 AM »
I was hoping that congress would pass the concealed carry permit reciprocity law, then people in Hawaii would have a means to carry until the state legislature somehow found a way to change the concealed carry law.

Would have been nice, but still out of reach for many Hawaiians.

eyeeatingfish

Re: POLICE FAN PAGE BRINGS FIRST AMENDMENT LAWSUIT
« Reply #43 on: September 11, 2012, 08:44:01 PM »
Would have been nice, but still out of reach for many Hawaiians.

As I read the law any state with a concealed carry permit system in place would have to honor any other state's concealed carry permit. Hawaii does have a concealed carry permit system in place even if they never issue it to anyone.

Funtimes

Re: POLICE FAN PAGE BRINGS FIRST AMENDMENT LAWSUIT
« Reply #44 on: September 11, 2012, 10:02:46 PM »
As I read the law any state with a concealed carry permit system in place would have to honor any other state's concealed carry permit. Hawaii does have a concealed carry permit system in place even if they never issue it to anyone.

Let's keep this thread on track :)

And, to answer the question, it won't help Hawaii.  It will only help hawaii when we can make the argument that tourists can carry, but hawaiians can not.  In order to carry in your home state, you must have a permit from the home state (to do so otherwise would implicate the 10th amendment).  To explain slightly further, I can compel you accept out of state transfers like a driver license, mainly because it's under "interstate commerce," but, I can not tell you how to give your own people a license.

 :stopjack:
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eyeeatingfish

Re: POLICE FAN PAGE BRINGS FIRST AMENDMENT LAWSUIT
« Reply #45 on: September 11, 2012, 11:59:50 PM »
Let's keep this thread on track :)

And, to answer the question, it won't help Hawaii.  It will only help hawaii when we can make the argument that tourists can carry, but hawaiians can not.  In order to carry in your home state, you must have a permit from the home state (to do so otherwise would implicate the 10th amendment).  To explain slightly further, I can compel you accept out of state transfers like a driver license, mainly because it's under "interstate commerce," but, I can not tell you how to give your own people a license.

 :stopjack:

Very true so the only way Hawaii residents would be able to do it is travel to a state that issues CCW permits to non residents then come back.
 Back to topic.

I am wondering what happens if your lawsuit wins to some extent, what will the state legislature do to try and circumvent the ruling by other means. Correct me if I am wrong but hasn't the SCOTUS already ruled that some amount of gun control is allowed?

Heavies

Re: POLICE FAN PAGE BRINGS FIRST AMENDMENT LAWSUIT
« Reply #46 on: September 12, 2012, 03:36:31 AM »
Very true so the only way Hawaii residents would be able to do it is travel to a state that issues CCW permits to non residents then come back.


That is why I was saying it would be out of reach.

Not everyone can afford to go on a trip to get a CCW permit to be reciprocated.  Imagine having to travel to another state, pay air fair and hotel, and take a bunch of special classes to get a permit to exercise your right to free speech or hold a protest?  Same same IMO.

Dregs

Re: POLICE FAN PAGE BRINGS FIRST AMENDMENT LAWSUIT
« Reply #47 on: September 12, 2012, 03:35:52 PM »
I'm glad someone like FT will stand up and do what's right. Hawaii people, including myself, are far too used to toeing the line and obeying without question. Hopefully this victory will open the eyes of the general public and cause everyone to realize that just because there's a .gov at the end of their name, it doesn't make them the infallible, omniscient deity we tend to project on them; something we tend to do whether because of social engineering or the weight of cultural shackles.
« Last Edit: September 12, 2012, 03:51:11 PM by Dregs »

Dregs

Re: POLICE FAN PAGE BRINGS FIRST AMENDMENT LAWSUIT
« Reply #48 on: September 12, 2012, 03:47:58 PM »
Very true so the only way Hawaii residents would be able to do it is travel to a state that issues CCW permits to non residents then come back.

Actually, in the last iteration of the proposal that I knew about, the reciprocating CCW has to be from the state of your residence. As a Hawaii resident, posession of a Utah Out-Of-State CCWP will not reciprocate as a CCWP back home in Hawaii. A Hawaii resident must present a Hawaii CCWP, in order for the reciprocation conditions to take effect.

This means Hawaii citizens will still be assed out of lawful protection outside of the home: because the past and current HPD Chiefs deliberately block the legal means for us to do so. But tourists who own CCWPs from their own state of residence will be able to CCW here. Thus tourists = citizens, locals = disarmed subjects.

Terrible_Ted

Re: POLICE FAN PAGE BRINGS FIRST AMENDMENT LAWSUIT
« Reply #49 on: September 12, 2012, 04:37:03 PM »
That is why I was saying it would be out of reach.

Not everyone can afford to go on a trip to get a CCW permit to be reciprocated.  Imagine having to travel to another state, pay air fair and hotel, and take a bunch of special classes to get a permit to exercise your right to free speech or hold a protest?  Same same IMO.

You don't have to do all that.

Arizona issues CCW applications to non-residents through the mail.

I agree that we don't need to hijack this thread any more than it has been, so I started a new thread about this topic at: http://2ahawaii.com/index.php?topic=4288.0

Now, as Funtimes says,
 :stopjack:

Mahalo!
Terrible_Ted
"Most gun control is analogous to trying to reduce drunk driving by making it tougher for sober people to own cars."

PeaShooter

Re: POLICE FAN PAGE BRINGS FIRST AMENDMENT LAWSUIT
« Reply #50 on: February 21, 2013, 02:53:13 PM »
I'm half a year late to the party but CONGRATULATIONS! I am 1000% behind this kind of lawsuit.

Interesting how the First Amendment and Second Amendment can help each other out, eh?

Funtimes

Re: POLICE FAN PAGE BRINGS FIRST AMENDMENT LAWSUIT
« Reply #51 on: February 21, 2013, 04:14:45 PM »
I'm half a year late to the party but CONGRATULATIONS! I am 1000% behind this kind of lawsuit.

Interesting how the First Amendment and Second Amendment can help each other out, eh?

They are just continuing to rack up attorney fees at this point.  It's ok though - we asked them to settle a lonnnnng time ago, but they didn't want to.
Check out the Hawaii Defense Foundation.
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Defender of the Accused in Arkansas Courts
Posts are not legal advice & are my own, unless said so.

Funtimes

Re: POLICE FAN PAGE BRINGS FIRST AMENDMENT LAWSUIT
« Reply #52 on: June 25, 2014, 09:10:33 AM »
City just paid up for costs.  About 31k+ dollars in attorney fees is on the way as well.
Check out the Hawaii Defense Foundation.
HDF on Facebook
Defender of the Accused in Arkansas Courts
Posts are not legal advice & are my own, unless said so.

punaperson

Re: POLICE FAN PAGE BRINGS FIRST AMENDMENT LAWSUIT
« Reply #53 on: June 25, 2014, 09:39:02 AM »
City just paid up for costs.  About 31k+ dollars in attorney fees is on the way as well.
Congratulations! Too bad you can't hit them up for a few million for punitive damages! The bureaucrats face no real meaningful consequences for their unconstitutional violations, they just use their deep pockets of taxpayers money to continue to violate our rights.

Any secret news as to when we might hear something about Peruta?  :shaka:

Heavies

Heavies

Congratulations! Too bad you can't hit them up for a few million for punitive damages! The bureaucrats face no real meaningful consequences for their unconstitutional violations, they just use their deep pockets of taxpayers money to continue to violate our rights.

Any secret news as to when we might hear something about Peruta?  :shaka:

So true, no REAL consequence for them.  They just shrug and say 'wateva'..  'i get plenty money'... 'ainokea, I do what I like'...

punaperson

So true, no REAL consequence for them.  They just shrug and say 'wateva'..  'i get plenty money'... 'ainokea, I do what I like'...
I think you left out "fuck you!" which would likely be their first utterance, then followed by just shrug and say 'wateva'..  'i get plenty money'... 'ainokea, I do what I like'...

Now if they could be held criminally and civilly liable for their government-authority-backed unconstitutional civil rights violations, and end up spending some time in prison and have all income seized beyond poverty-level living for their entire future life... they MIGHT have a different attitude... I emphasize "might", because... "ainokea" runs pretty deep.

wolfwood

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