Hawaii's AG response to Bruen (Read 17767 times)

eyeeatingfish

Re: Hawaii's AG response to Bruen
« Reply #20 on: July 12, 2022, 09:07:26 AM »

There is no internal advisor needed since the chief is immune from liability for approving permits. Its the law.

Sign them now. Simple.

We know chief logan got the letter and read it today. But still "pending" on permits.

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The Attorney General is on the state side while the PD is on the city side, I wonder if the PD is seeking an opinion from a city agency.

There still seems to be a bit of grey area by the parts of the law that remain so they may be trying to figure out how the remaining provisions apply. He will have to approve at least some otherwise he is violating the standing but somewhere he will draw a line and I wonder where that will be.

groveler

Re: Hawaii's AG response to Bruen
« Reply #21 on: July 12, 2022, 10:46:58 AM »
The Attorney General is on the state side while the PD is on the city side, I wonder if the PD is seeking an opinion from a city agency.

There still seems to be a bit of grey area by the parts of the law that remain so they may be trying to figure out how the remaining provisions apply. He will have to approve at least some otherwise he is violating the standing but somewhere he will draw a line and I wonder where that will be.
State of Hawaii law does not allow for cities,  counties only.
Perhaps that is why Honolulu is so screwed up as they are the county of Honolulu when they really are the county of Oahu that has a town called Honolulu.
In any event the state laws supersede county ordinances.  And the state AG is the guy in charge of enforcing state laws. not the county attorney general.
State law is HRS 134-9.
Ag has ruled.  Cops not complying are in violation of our rights under color of law Title 18 USC section 242 has something to say about that, as does my civil
rights attorney.
I wish they had had a law school in Hilo,  I'd be raking in the profits right now.
 :thumbsup:

changemyoil66

Re: Hawaii's AG response to Bruen
« Reply #22 on: July 12, 2022, 01:04:47 PM »
The Attorney General is on the state side while the PD is on the city side, I wonder if the PD is seeking an opinion from a city agency.

There still seems to be a bit of grey area by the parts of the law that remain so they may be trying to figure out how the remaining provisions apply. He will have to approve at least some otherwise he is violating the standing but somewhere he will draw a line and I wonder where that will be.

The Chief uses the state law HRS134-9 since there is no CCW county ordinance (ROH). And denial letters refer to HRS134-9 on the letter. The chiefs denial letter to Andrew of HIFICO stated he was waiting on the AG and that the AG was awaiting on a ruling on Young by the 9th.

Guess the AG realized they will have to pay big bucks if the 9th makes a ruling before they change the law due to it being unconstitutional. So the AG issued the letter. Now Logan's excuse is he is waiting on "consul" to advise him. This is now what we call using logic to read between the lines. Logan is goal post moving to delay any permits as long as he can. I mean if he said that he was waiting on plastic cards so they can print them, that would be a better excuse.  Logan could issue them the next day as well, but doesn't. He has failed his first test as the new chief. Which is why I posted SSDD.

The grey area you are referring to is what HI and Logan are doing to find a reason to still deny permits. Instead of taking the SCOTUS for face value and their intent. I posted about this already.  There also is no "a bit of grey area".

Why do you think the AG also mentions permanent residents in their letter. Because the main guy doing all of this sued HPD and won because they denied his permit to acquire because he was not a US citizen. Then recently the state lost against American Samoans in HI who they too have been denying permits to acquire.

This is what we call corruption.  Your new boss isn't starting off too well.

hvybarrels

Re: Hawaii's AG response to Bruen
« Reply #23 on: July 12, 2022, 01:21:25 PM »
State of Hawaii law does not allow for cities,  counties only.
Perhaps that is why Honolulu is so screwed up as they are the county of Honolulu when they really are the county of Oahu that has a town called Honolulu.

Great point. By calling it all Honolulu it gives the Punahou graduates a mental mandate to take a colonialist attitude towards everyone else.
Is an armadillo just a tactical opossum?

nickelzismoney

Re: Hawaii's AG response to Bruen
« Reply #24 on: July 12, 2022, 01:53:35 PM »
Now that there is no logical excuse besides just stall tactics, they need to sign and issue permits immediately. I think I’m going to call HPD and see what they tell me after lunch
“No matter how much it hurts, how dark it gets, or how hard you fall… you are never out of the fight.” - Marcus Luttrel

"The world will not be destroyed by those who do evil, but by those who watch them without doing anything." - Albert Einstein

zippz

Re: Hawaii's AG response to Bruen
« Reply #25 on: July 12, 2022, 07:38:09 PM »
After seeing how Hawaii government operates, it's not just stalling.  Its incompetence.  Look at the rail, unemployment fiasco, building permits, just about everything in Hawaii takes forever.  Well except releasing criminals from jail, they do that pretty fast.

nickelzismoney

Re: Hawaii's AG response to Bruen
« Reply #26 on: July 12, 2022, 07:48:04 PM »
After seeing how Hawaii government operates, it's not just stalling.  Its incompetence.  Look at the rail, unemployment fiasco, building permits, just about everything in Hawaii takes forever.  Well except releasing criminals from jail, they do that pretty fast.

Lol commies will comm
“No matter how much it hurts, how dark it gets, or how hard you fall… you are never out of the fight.” - Marcus Luttrel

"The world will not be destroyed by those who do evil, but by those who watch them without doing anything." - Albert Einstein

eyeeatingfish

Re: Hawaii's AG response to Bruen
« Reply #27 on: July 12, 2022, 09:55:11 PM »
The Chief uses the state law HRS134-9 since there is no CCW county ordinance (ROH). And denial letters refer to HRS134-9 on the letter. The chiefs denial letter to Andrew of HIFICO stated he was waiting on the AG and that the AG was awaiting on a ruling on Young by the 9th.

Guess the AG realized they will have to pay big bucks if the 9th makes a ruling before they change the law due to it being unconstitutional. So the AG issued the letter. Now Logan's excuse is he is waiting on "consul" to advise him. This is now what we call using logic to read between the lines. Logan is goal post moving to delay any permits as long as he can. I mean if he said that he was waiting on plastic cards so they can print them, that would be a better excuse.  Logan could issue them the next day as well, but doesn't. He has failed his first test as the new chief. Which is why I posted SSDD.

The grey area you are referring to is what HI and Logan are doing to find a reason to still deny permits. Instead of taking the SCOTUS for face value and their intent. I posted about this already.  There also is no "a bit of grey area".

Why do you think the AG also mentions permanent residents in their letter. Because the main guy doing all of this sued HPD and won because they denied his permit to acquire because he was not a US citizen. Then recently the state lost against American Samoans in HI who they too have been denying permits to acquire.

This is what we call corruption.  Your new boss isn't starting off too well.

His letter specifically stated that HPD was awaiting the AG's opinion? Well since AG issued their opinion I expect the Chief to start approving permits by the end of the month.

nickelzismoney

Re: Hawaii's AG response to Bruen
« Reply #28 on: July 12, 2022, 09:59:25 PM »
His letter specifically stated that HPD was awaiting the AG's opinion? Well since AG issued their opinion I expect the Chief to start approving permits by the end of the month.

You seem very hopeful in a hopeless organization. The corruption is sickening. Chief Logan is now deemed a POS and spineless. Imagine being elected into your position and what I’d imagine is being scared of being fired for doing the right thing, not what the communist Gov and state staff want

I’d love to see you right and permits be issued immediately, but I guess we’ll see when the time comes
“No matter how much it hurts, how dark it gets, or how hard you fall… you are never out of the fight.” - Marcus Luttrel

"The world will not be destroyed by those who do evil, but by those who watch them without doing anything." - Albert Einstein

eyeeatingfish

Re: Hawaii's AG response to Bruen
« Reply #29 on: July 12, 2022, 10:24:29 PM »
You seem very hopeful in a hopeless organization. The corruption is sickening. Chief Logan is now deemed a POS and spineless. Imagine being elected into your position and what I’d imagine is being scared of being fired for doing the right thing, not what the communist Gov and state staff want

I’d love to see you right and permits be issued immediately, but I guess we’ll see when the time comes

How does corruption come into play? Is someone lining his pockets to not issue permits?

Like I have been saying, I feel 1 month is reasonable for him to get the initial decision (done), get legal advice (done), and update policies and procedures (?). Since I set that time as a window I felt reasonable I am not going to jump on him until after he has violated it. When/if he crosses that line significantly then I will criticize him.

hvybarrels

Re: Hawaii's AG response to Bruen
« Reply #30 on: July 13, 2022, 12:57:36 AM »
There is also the issue that Ige forced everyone in the government to take the clot shot and all departments are having massive understaffing problems as a result. They might not have the manpower to pick up the forms and physically put them on the chiefs desk for a signature.
Is an armadillo just a tactical opossum?

changemyoil66

Re: Hawaii's AG response to Bruen
« Reply #31 on: July 13, 2022, 07:12:13 AM »
His letter specifically stated that HPD was awaiting the AG's opinion? Well since AG issued their opinion I expect the Chief to start approving permits by the end of the month.
Yes.

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pacwire

Re: Hawaii's AG response to Bruen
« Reply #32 on: July 13, 2022, 09:33:26 AM »
Remember that the CITY has a LOT of VACANT Positions!  HPD is NO DIFFERENT!

Thus they all will hide behind that fact!

But i'm going down today to submit my paperwork.

changemyoil66

Re: Hawaii's AG response to Bruen
« Reply #33 on: July 13, 2022, 09:41:54 AM »
So now we're at the Chief waiting on consul to tell him what to do, even though the AG already did.  Which he stated as the reason why apps are pending (waiting on the AG).

Once he can delay as long as possible knowing a UPIA will come, he will then state that HPD is working on upgrading their CCW cards and printers. Since the ones they do issue to recruits are paper. I don't remember if they're even laminated, but def not a plastic card.  Then when HIFICO follows up on the updated CCW cards, HPD will site supply shortage and card on backorder.

changemyoil66

Re: Hawaii's AG response to Bruen
« Reply #34 on: July 13, 2022, 09:44:59 AM »
Maui is doing what Maui does. They are trying to require a proficiency test, but they have no idea what it is.  Like how they stalled for Taser sales until they got another lawsuit. Maui is way more anti 2a than Oahu.

6716J

Re: Hawaii's AG response to Bruen
« Reply #35 on: July 13, 2022, 10:41:04 AM »
How does corruption come into play? Is someone lining his pockets to not issue permits?

Like I have been saying, I feel 1 month is reasonable for him to get the initial decision (done), get legal advice (done), and update policies and procedures (?). Since I set that time as a window I felt reasonable I am not going to jump on him until after he has violated it. When/if he crosses that line significantly then I will criticize him.
Corruption doesn't mean you get paid. It can also mean you get to keep your job.

As for policies and procedures, they have been in place for years. How do you think they issued the other 4 permits over the last 20 years. HRS134-9 has the entire process and HPD has the forms to do it. If they are saying they need a procedure, they're full of shit.
Following that, I call bullshit on the need for a firearm to apply for a CCW permit. Nowhere in HRS134 or the ROH does it state that you can only have a specific firearm on the permit. Nowhere does it state you have to HAVE a firearm. People are going to go through a class or Hunters Ed and want to apply for a CCW and then go find a firearm they want to purchase. How many of us tried our friends or went and rented before we bought?  A firearm is an investment. Shelling out $500 to $1500 for a firearm is not an easy thing for most people.  It's the equivalent of having to go buy and register a car before you can get your Drivers License. What about people who come to work for just a couple of days every month (less than statutory 5 days for registration) but want to carry? I know several who do that as government contractors. If HPD can show in the HRS or the ROH where it states a specific firearm AND must be registered in Hawaii, then once again they are making up rules.
I'd rather have a bottle in front of me, than a frontal lobotomy.

changemyoil66

Re: Hawaii's AG response to Bruen
« Reply #36 on: July 13, 2022, 10:53:46 AM »
"The firearm" and not "a firearm" could mean gun specific. NV was gun specific until 2014 or so.

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6716J

Re: Hawaii's AG response to Bruen
« Reply #37 on: July 13, 2022, 10:54:06 AM »
So now we're at the Chief waiting on consul to tell him what to do, even though the AG already did.  Which he stated as the reason why apps are pending (waiting on the AG).

Once he can delay as long as possible knowing a UPIA will come, he will then state that HPD is working on upgrading their CCW cards and printers. Since the ones they do issue to recruits are paper. I don't remember if they're even laminated, but def not a plastic card.  Then when HIFICO follows up on the updated CCW cards, HPD will site supply shortage and card on backorder.

They can print a letter on HPD letterhead with the chiefs signature. I can even write the verbiage for them...
....................................

HPD LETTERHEAD

ISSUE DATE:                   EXPIRATION DATE:                           PERMIT#:

I hereby certify that Citizen Kanaka has been granted a permit for the carriage of a concealed weapon in compliance with Hawaii Revised Statute 134-9.

This permit must be presented with an official form of photo identification (Drivers License or Identification Card from any state, Military ID card or Passport) when requested by Law Enforcement when carrying a concealed weapon.

This permit does not authorize the carriage of prohibited weapons as defined by law.

Signed,

Chief of Police
City and County of Honolulu
« Last Edit: July 13, 2022, 11:27:36 AM by 6716J »
I'd rather have a bottle in front of me, than a frontal lobotomy.

6716J

Re: Hawaii's AG response to Bruen
« Reply #38 on: July 13, 2022, 10:55:04 AM »
"The firearm" and not "a firearm" could mean gun specific. NV was gun specific until 2014 or so.

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They dumped that requirement in 2012. But it was in the NRS
I'd rather have a bottle in front of me, than a frontal lobotomy.

groveler

Re: Hawaii's AG response to Bruen
« Reply #39 on: July 13, 2022, 11:19:18 AM »
His letter specifically stated that HPD was awaiting the AG's opinion? Well since AG issued their opinion I expect the Chief to start approving permits by the end of the month.
I applaud your unwavering faith in the police of our state.
I pray they live up to it.
But I know they will fail you.
 :wave: