HIFICO, Wolford etal vs. Lopez (Hawaii State Sensitive Places Lawsuit) (Read 31095 times)

Direjackalope

Did you bring malasadas or coco puffs when submitting your application?

Blame myself or blame nobody, I guess.  The wheels of justice turn slowly and there's always ways I could be more proactive.

changemyoil66

Site doesn't work?

I'll have them look into this.

changemyoil66

Hearing scheduled for 7/31.

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changemyoil66

Hearing rescheduled to 7/28.

changemyoil66

Why was it delayed?     I was hopeful that the judge would issue a temp injunction
It was moved forward. Previous hearing was 7/31.

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zippz

Oops sorry,  for some reason I thought it was supposed to be earlier.

It should've been earlier, but the judge said end of July is fine since we could've filed the lawsuit months ago.  Which was untrue since the law was signed by the Gov only a three weeks prior.

changemyoil66

SAF (second amendment foundation)
 Submitted their amicus brief.

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changemyoil66

C&C of Honolulu submitted their Amicus brief to the injunction

Instead of them using history and tradition as required by Bruen, they instead are relying that a default ban would cause less confusion to CCW holders so they don't accidentally walk into a prohibited business cause they never saw the "no guns allowed sign". They are also saying that many members part of organizations also want the ban. Like the Hawaii Restaurant Association represents like 2,000 members and the Hawaii Retail Merchants represent 4,000 members. They also used polls done on the Star Advertiser.

Same Corporate Counsel during the C&C Bill 57 hearings when asked by Augie for a list of all the history and tradition of every sensitive place, told Augie "we will discuss in executive session". Then the next hearing came and Augie said that Corporate Counsel never got back to him about it.

So this brief submitted sounds very half assed.  Cause #1, they have no historic/traditional standing, and #2 their budget is probably small, so they couldn't spend much time on this.  They basically took what was used in the hearings testimonies and put it on paper.

changemyoil66

Another Amicus, this is 1 brief done by the following:

Hawaii Rifle Association
GOA
CA Rifle & Pistol Asso
GOA of CA
Gun Owners Foundation

Unlike the cities piss poor brief, this one has many prior court rulings and documentation being used to support HIFICO's TRO.

Flapp_Jackson

C&C of Honolulu submitted their Amicus brief to the injunction

Instead of them using history and tradition as required by Bruen, they instead are relying that a default ban would cause less confusion to CCW holders so they don't accidentally walk into a prohibited business cause they never saw the "no guns allowed sign". They are also saying that many members part of organizations also want the ban. Like the Hawaii Restaurant Association represents like 2,000 members and the Hawaii Retail Merchants represent 4,000 members. They also used polls done on the Star Advertiser.

Same Corporate Counsel during the C&C Bill 57 hearings when asked by Augie for a list of all the history and tradition of every sensitive place, told Augie "we will discuss in executive session". Then the next hearing came and Augie said that Corporate Counsel never got back to him about it.

So this brief submitted sounds very half assed.  Cause #1, they have no historic/traditional standing, and #2 their budget is probably small, so they couldn't spend much time on this.  They basically took what was used in the hearings testimonies and put it on paper.

We should make the default speed limit 25 MPH everywhere, so people don't accidentally speed when they didn't see a road sign.  Much less confusing that way.

 :wacko:
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

changemyoil66

We should make the default speed limit 25 MPH everywhere, so people don't accidentally speed when they didn't see a road sign.  Much less confusing that way.

 :wacko:

And no need even signs, this will save tax payer money.  Problem solved.

The HRA brief also states which was told to the various committee's form others via testimony "apply this automatic default ban to any other right like the 1st amendment and it wont' work".

Brystont1

It should've been earlier, but the judge said end of July is fine since we could've filed the lawsuit months ago.  Which was untrue since the law was signed by the Gov only a three weeks prior.

Oh wow. Not the judge already forecasting a bullshit ruling.

Heavies

Oh wow. Not the judge already forecasting a bullshit ruling.

You know they already have their mind made up. There is no consequences for them that ignore the SCOTUS precedent, as seen in the other jurisdictions that have done just that.  They know it’ll be decades for it to go back to SCOTUS.

Any other “right” would be taken much more seriously.

changemyoil66

State filed their brief. Going by memory, so some stuff may be wrong

Their claim is the PA and MA militia officers were banned from having meetings at bars or near bars. This is with regard to the current ban on places that serve booze.

State still using "public interest" to justify ban on all private property.

Parks ban claim is thousands of summer fun program kids use the parks. This isnt at once though, at best 200 in 1 day and its a special field trip at kapiolani park. Some programs are weekdays on park property though. But what about the remaining 9-10 months?

I cant remember what they said abt banks.

The state has a 5x scotus arguing atty working "pro bono" and has been "deputised" by the AG to work.

Funny zero about HI's kindom laws that was pushed hevily during testimony.

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hvybarrels

That’s the best they could come up with?

I mean it’s great for us but what the heck is going on over at the AG office?
If the news was lying to me I would have heard about it on the news.

changemyoil66

That’s the best they could come up with?

I mean it’s great for us but what the heck is going on over at the AG office?
This is what happens when the AG lies during testimony. They got nothing...well maybe a corrupt judge.

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hvybarrels

I'm starting to understand why the streets are crawling with goblins. The AG office seems to be affected by some sort of widespread neurological disorder.
If the news was lying to me I would have heard about it on the news.

zippz

All the opposition has to do it give something that may seem reasonable to the judge, giving her an excuse to rule against us.  The AG knows they don't have a case and instead the rely on the 9th circuit making an absurd ruling to protect them and hoping SCOTUS doesn't rule on it.
 The judge does not get penalized for it.  Neither does the AG, attorneys, Governor, and legislators.

Kobayashi is a new judge to the district court and 2a matters so we don't know what her principles are yet.  Delaying the TRO hearing to the end of the month, when it should've been sooner, is a strike against her whether intentional or a mistake.

One advantage for us on the delay is the 9th circuit will release it's decision on teter (knives) and Yukutake (gun registration) anytime now and we are expecting a good ruling for us.  If released before the TRO decision, Kobayashi will need to consider that decision in her own decision on the TRO making it much harder to rule against us.

changemyoil66

Kobayashi stated that the lawsuit should have been filed months ago and not when HIFICO did.  The issue with that is the law didn't take effect until 7/1.  So I'm not holding my breath with an honest ruling from her.