This is the homesick sailor.

City settled (lost) and has to pay $100k and state pays $28k.

They cannot deny u just because u saw a professional or require a waiver for a non diagnosed condition.

So bad week for HI, $180k lost due to anti 2a laws.

So HPD was making up their own rules as he was never professionally diagnosed.

Thanks to Hifico, Alan Beck, and Kevin Ogrady.

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This is the homesick sailor.

City settled (lost) and has to pay $100k and state pays $28k.

They cannot deny u just because u saw a professional or require a waiver for a non diagnosed condition.

So bad week for HI, $180k lost due to anti 2a laws.

So HPD was making up their own rules as he was never professionally diagnosed.

Thanks to Hifico, Alan Beck, and Kevin Ogrady.

is the settlement agreement available? 

Details, details...

But Honolulu and the state will need to take the high court decision into consideration when
overhauling the process to ensure others aren’t precluded from obtaining permits based on
disclosing previous mental health counseling, said Alan Beck, another attorney representing
Santucci.

“What the judge is saying is Honolulu is misapplying the law. They’re getting Hawaii law wrong,”
Santucci said. “If you marked ‘yes’ on counseling, then you’ve lost your gun rights.”

https://www.civilbeat.org/2022/11/hawaii-gun-permit-ruling-sides-with-homesick-navy-officer/

This story is from Nov 2022.  What took so long for it to be posted here?

I found the answer I was looking for....

I'm now curious whether HPD and the state will be turds and only apply the ruling to registrations, not permits to acquire.




https://docs.justia.com/cases/federal/district-courts/hawaii/hidce/1:2022cv00142/158446/48

I wonder how this wil impact those of us who have Kaiser and were forced to get clearance letters even though we too were never diagnosed with something. Whenever I've registered the little screen they have us digitally sign say "must bring clearance letter every time". I'd love to not have to endlessly prove a negative every time I go to HPD.

I wonder how this wil impact those of us who have Kaiser and were forced to get clearance letters even though we too were never diagnosed with something. Whenever I've registered the little screen they have us digitally sign say "must bring clearance letter every time". I'd love to not have to endlessly prove a negative every time I go to HPD.

If you paid a couple hundred bucks to get a letter, you could file a lawsuit in small claims court.  According to the ruling, the police department went beyond the law in establishing policies that forced applicants to get that letter even though the applicant was never diagnosed with any significant mental illness prior.

No lawyer cost to you -- just a small filing fee and whatever it might cost to serve the papers on the police chief -- about $17.00 for proper postal services to obtain a signature if you choose to mail it.

If you name the police chief specifically, he and/or his lawyers will have to appear unless they offer to settle.   If they fought every lawsuit for such a small amount, they would bankrupt the city with lawyer expenses.  I expect they's reimburse you and avoid any admission of wrongdoing.

I'd also tack on a thousand for negligence and interference with a constitutionally protected right.  I believe they can't hide behind qualified immunity if they violate the constitution and/or state law -- which we see now has been ruled they did just that.

But, since i never had to get that letter, I can only live vicariously through others who suffered!   

I wonder how this wil impact those of us who have Kaiser and were forced to get clearance letters even though we too were never diagnosed with something. Whenever I've registered the little screen they have us digitally sign say "must bring clearance letter every time". I'd love to not have to endlessly prove a negative every time I go to HPD.

Hmmmm....class action lawsuit?

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Hmmmm....class action lawsuit?

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Class action always sounds good unless you've been a party to one.  The settlement usually makes the lawyers richer while the injured "class" shares in some sort of compensation.  Sometimes it's a check for $0.25 or a discount coupon for the very product you sued over.  Regardless, the individual often winds up with less than they deserve while they forfeited their right to bring any legal action themselves.

I know it's fiction, but Grisham bases his novels on reality while doing massive amounts of research to get the details as realistic as possible.  His book The King of Torts is a great story that illustrates how lawyers get dollar signs in their eyes by getting as many clients signed up for a class action as possible.  When it comes time to settle, the clients normally get much less than they need/expect.

Erin Brockovich is another example.  While what she and her team did was unprecedented, I don't know if it made her clients "whole."  The settlement was for $333 Million.  The law firm kept $133.6 Million (of which $2.5 Million went to Brockovich), leaving less than 2/3, or $199.4 Million to be divided among the more than 600 plaintiffs.  That came out to less than $300K per class member, which seems like a lot until you realize many of the members were suffering, or had a high chance of suffering in the future, from cancer and other disease caused allegedly by ground water contamination.  Most residents moved away from the town to avoid exposure -- another big cost for a family to take on.  Even though this was a win for the class action, it was an anomaly.  Most lawsuits like this take a really long time and almost never see these sizes of awards.  They were just lucky a whistleblower had the documentation to prove the company was at fault.

Anyway, before anyone gets excited, do some research on recent class action lawsuits and how many are just windfalls for the law firms.

According to Civil Beat this means the NRA will start handing out free guns at local mental hospitals

Oh right we don't have those any more

https://www.civilbeat.org/2023/05/been-to-therapy-you-can-still-register-your-firearm-in-honolulu-judge-rules/

https://www.civilbeat.org/2022/11/hawaii-gun-permit-ruling-sides-with-homesick-navy-officer/

This story is from Nov 2022.  What took so long for it to be posted here?

The preliminary injunction was posted
https://2ahawaii.com/index.php?topic=45368.msg440482#msg440482

Intersting reading the april 2022 thread. Basically hpd is applying the law wrong.

This is costing the city/state $. "Bring ur completed lower back after building", the famous phrase.

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https://www.hawaiinewsnow.com/2023/06/21/city-state-pay-130k-settle-gun-owners-lawsuit/

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This is the homesick sailor.

City settled (lost) and has to pay $100k and state pays $28k.

They cannot deny u just because u saw a professional or require a waiver for a non diagnosed condition.

So bad week for HI, $180k lost due to anti 2a laws.

So HPD was making up their own rules as he was never professionally diagnosed.

Thanks to Hifico, Alan Beck, and Kevin Ogrady.

Sent from my SM-G991U using Tapatalk

Feel like I get a bigger rate of return on my donations to Hifico than my tax dollars 

This is costing the city/state $. "Bring ur completed lower back after building", the famous phrase.

Sh!+ !
I went to register 3 complete lowers with my wife, previously registered as lowers only, and they told me tell ‘em barrel length and caliber.
Didn’t even have any uppers with me.
I had also put multi on the registration. They told system can’t handle multi. I said it’s stamped right there on the receiver. Then I ran off a list of calibers they could be.
They ended up calling an officer I knew and I told them barrel lengths and 1 .22lr, 1 .223 and 1 5.56.  they were registered as 2 .22 lr and 1 5.56. Complete rifles.
I get the reg and go back to the window and tell the officer our reg is wrong, it’s 1 .22lr. (Just to cause trouble) and he tells me IT DOESN’T MATTER ! (He doesn’t yell it. Just emphasis)
I was making a stink earlier, then this…..wife pulled me outta there. She had to go to work.    (yeah. I was turning little red.)

Whole thing started on a wrong medical rejection.

Sh!+ !
I went to register 3 complete lowers with my wife, previously registered as lowers only, and they told me tell ‘em barrel length and caliber.
Didn’t even have any uppers with me.
I had also put multi on the registration. They told system can’t handle multi. I said it’s stamped right there on the receiver. Then I ran off a list of calibers they could be.
They ended up calling an officer I knew and I told them barrel lengths and 1 .22lr, 1 .223 and 1 5.56.  they were registered as 2 .22 lr and 1 5.56. Complete rifles.
I get the reg and go back to the window and tell the officer our reg is wrong, it’s 1 .22lr. (Just to cause trouble) and he tells me IT DOESN’T MATTER ! (He doesn’t yell it. Just emphasis)
I was making a stink earlier, then this…..wife pulled me outta there. She had to go to work.    (yeah. I was turning little red.)

Whole thing started on a wrong medical rejection.

Other lawsuits have begun this way because HPD doesn't know the law.  The American Samoan one, Roa (assault conviction), Roberts (similar to American Samoans, he's a legal permiment resident and was denied), and now Stanucci.  I mean HPD needs to know the law, it's not that hard as it doesn't change very often.  But at the same time, I assume most of the guys at the window are fuck ups and there for punishment.