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hack89

(39,171 posts)
Fri Mar 21, 2014, 03:40 PM Mar 2014

The dominoes continue to fall - Hawaii will be a shall issue CCW state

In an earlier decision in Baker v Kealoha, a District Court refused to rule in favor of the plaintiff, Christopher Baker. Baker had moved for an injunction against various Hawaii state agencies that had denied him a carry license. As a Ninth Circuit panel summed up the District Court’s rationale, the District Court denied the motion because, “Baker was not likely to establish that Hawaii’s restrictions on carrying firearms in public were unconstitutional under the Second Amendment, and therefore, Baker was not likely to succeed on the merits.”

From the 9th Ninth Circuit:

In light of our holding in Peruta, the district court made an error of law when it concluded that the Hawaii statues did not implicate protected Second Amendment activity. Accordingly, we vacate the district court’s decision denying Baker’s motion for a preliminary injunction and remand for further proceedings consistent with Peruta


http://cdn.ca9.uscourts.gov/datastore/memoranda/2014/03/20/12-16258.pdf

Heller is reaching far and wide.
9 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
 

friendly_iconoclast

(15,333 posts)
2. One of the frothier posters over there claims to reside in Hawaii
Fri Mar 21, 2014, 10:01 PM
Mar 2014

Last edited Fri Mar 21, 2014, 10:40 PM - Edit history (1)

They're rather smug about it, and pinky-swore that this wasn't going to happen.
Their response should be most amusing-
expect verbiage at the level of "OMG, there'll be blood in the poi", or something of that nature...

 

NYC_SKP

(68,644 posts)
3. OMG my friend in Baltimore who pretends to live in Hawaii is going to shit a brick, or two, or 58.
Fri Mar 21, 2014, 10:30 PM
Mar 2014

I love Hawaii.

When I visited Molokai the first thing I saw were travelers with gun cases, rifles for hunting boar, I guess, I didn't ask.

 

friendly_iconoclast

(15,333 posts)
5. Their much-touted progressivism is as phony as their address...
Fri Mar 21, 2014, 10:39 PM
Mar 2014

...if you are referring to the person I think you are.

 

NYC_SKP

(68,644 posts)
6. I think this is just more absolutist apologistic Koch/NRA/BugsBunny propaganda!11!!1
Fri Mar 21, 2014, 10:53 PM
Mar 2014

It wears thin, the tiresome tirade absent any honest dialogue.

petronius

(26,604 posts)
4. Looks like this is the same panel as decided Peruta and the Yolo County case, so this also
Fri Mar 21, 2014, 10:31 PM
Mar 2014

hangs on what the full 9th decides to do AG Harris' request for a review, correct?

Given that, the dominoes may not be entirely down, but they're definitely lined up and wobbling...

 

Token Republican

(242 posts)
7. It is
Fri Mar 21, 2014, 11:38 PM
Mar 2014

The 9th is simply following Peruta.

The Harris and Brady request probably won't get too far either, as neither one is a party. Brady doesn't issue CCW and could not be sued. Harris had multiple options to join but she declined, plus the case was about the application of the law, not the law itself.

Since they are not parties, they have no right to seek further review. However, both are seeking to be added as parties after the decision for the sole purpose of seeking a full review or petitioning the SCOTUS.

I really can't see Brady being added and Harris is iffy at best.

Its not over yet, but its getting closer.

Soon 3 or 4 counties in California and Hawaii will join the blood bath that constitutes 46 other states and 90% of the counties in three of the remaining four. According to Brady stats, 175% of the population will be dead in six months.

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