|
National 2nd Amend. Political & Legal Discussion Discuss national gun rights and 2A related political topics here. All advice given is NOT legal counsel. |
|
Thread Tools | Display Modes |
#1
|
||||
|
||||
Namiki Roberts v. Honolulu PD (Hawaii stun gun/taser ban challenge)
This case is being litigated in federal court by Alan Beck (CGN's "wolfwood") and others. It was filed in April.
Thanks to Caetano, it should be decided relatively quickly via summary judgment. https://en.wikipedia.org/wiki/Caetano_v._Massachusetts This case, like the Knife Rights' case in NY, are important in that they defend our RKBArms that protects more than just firearms/guns. Currently, IIRC, only Hawaii, NY and RI still ban stun guns/tasers. Alan is also litigating a suit against NY (Avitabile, see: http://www.calguns.net/calgunforum/s....php?t=1467527) and RI is considering legislation to life their ban. Here's a link to a news article about the case: http://www.hawaiinewsnow.com/story/3...ndment-grounds
__________________
240+ examples of CCWs Saving Lives. Last edited by Paladin; 09-19-2018 at 6:58 PM.. |
#2
|
|||
|
|||
I love to see this.
__________________
"No personal computer will ever have gigabytes of RAM" - Scott Nudds |
#3
|
||||
|
||||
If you wish to discuss that Knife Rights NY federal lawsuit, here's the thread for it:
http://www.calguns.net/calgunforum/s....php?t=1458500
__________________
240+ examples of CCWs Saving Lives. |
#4
|
||||
|
||||
By "our" side.
"Full MSJ With Exhibits and Statement": https://www.scribd.com/document/3927...-and-Statement
__________________
240+ examples of CCWs Saving Lives. |
#6
|
||||
|
||||
This morning we filed our Motion for Summary judgement in our Hawaii taser case. Assuming we win this Rhode Island will be the last state in the union to ban electric arms.
https://www.scribd.com/document/4205...t-Hawaii-Taser exhibits https://www.scribd.com/document/4205...tement-for-MSJ
__________________
“We are twice armed if we fight with faith.” ― Plato Last edited by wolfwood; 08-02-2019 at 5:45 AM.. |
#7
|
|||
|
|||
Awesome! If you're successful in HI, do you have any plans for lawsuits against the RI and New Castle County, DE bans?
|
#8
|
||||
|
||||
We are working out the logistics of Rhode Island right now
__________________
“We are twice armed if we fight with faith.” ― Plato |
#10
|
||||
|
||||
The following transaction was entered on 8/8/2019 at 11:35 AM HST and filed on 8/8/2019
Case Name: Roberts vs. Ballard; et al. Case Number: 1:18-cv-00125-HG-RT Filer: Document Number: 53 Docket Text: On August 2, 2019, Plaintiff Andrew Namiki Roberts filed: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (ECF No. 51) and PLAINTIFF'S SEPARATE AND CONCISE STATEMENT OF FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT. (ECF No. 52). Defendants shall file their Oppositions on or before Wednesday, September 4, 2019. Plaintiff shall file his Reply on or before Wednesday, September 25, 2019. A hearing on Plaintiff's Motion for Summary Judgment (ECF No. 51) shall be held on Monday, October 28, 2019, at 10:30 a.m., before the Honorable Helen Gillmor. (tl, )
__________________
“We are twice armed if we fight with faith.” ― Plato |
#11
|
||||
|
||||
government filed their brief
https://www.scribd.com/document/4245...mary-Judgement concise statement of facts https://www.scribd.com/document/4245...-Facts-for-Msj
__________________
“We are twice armed if we fight with faith.” ― Plato Last edited by wolfwood; 09-04-2019 at 8:08 PM.. |
#12
|
|||
|
|||
Quote:
|
#14
|
||||
|
||||
It was a per curiam decision of SCOTUS based on Heller and others. About as cut and dried as it gets, no?
|
#15
|
|||
|
|||
Quote:
That said, with all the states and cities that folded immediately over their bans, HI must be smoking something if they think they'll win this. |
#16
|
||||
|
||||
Everytown is getting ready to file a brief. their attorneys just filed an appearance.
The following transaction was entered by Bunn, Pamela on 9/13/2019 at 1:35 PM HST and filed on 9/13/2019 Case Name: Roberts vs. Ballard; et al. Case Number: 1:18-cv-00125-HG-RT Filer: Everytown For Gun Safety Support Fund Document Number: 59 Docket Text: MOTION for Pro Hac Vice for William James Taylor, Jr. Filing fee $ 300, receipt number 0975-2262066.Pamela W. Bunn appearing for Amicus Everytown For Gun Safety Support Fund (Bunn, Pamela)
__________________
“We are twice armed if we fight with faith.” ― Plato |
#18
|
||||
|
||||
they filed a brief in my new york case
__________________
“We are twice armed if we fight with faith.” ― Plato |
#20
|
||||
|
||||
ruling that does not affect gun laws.
__________________
“We are twice armed if we fight with faith.” ― Plato |
#21
|
||||
|
||||
__________________
“We are twice armed if we fight with faith.” ― Plato |
#22
|
||||
|
||||
|
#23
|
|||
|
|||
Letter from Pamela W. Bunn dated November 12, 2019, addressed to Judge Gillmor, requesting permission for co-counsel William J. Taylor to appear by telephone at the Motion hearing on November 26, 2019.
EO: Ms. Bunn's letter request for co-counsel William J. Taylor to appear by telephone at the Motion hearing on November 26, 2019 (ECF No. 69 ) is hereby GRANTED. (JUDGE HELEN GILLMOR)(rls, ) (Entered: 11/14/2019) |
#24
|
|||
|
|||
Quote:
|
#25
|
|||
|
|||
Quote:
|
#26
|
|||
|
|||
Appears as if Hawaii learned from the NYSRPA case how to manipulate the mooting of a case. Without a painful loss and precedent that hurts their overall agenda.
Quote:
To Damn Bad that SCOTUS, [specifically Roberts] didn't have the brains to see this coming. |
#27
|
||||
|
||||
Quote:
|
#28
|
|||
|
|||
Reincarnation of Earl Warren.
__________________
"The California matrix of gun control laws is among the harshest in the nation and are filled with criminal law traps for people of common intelligence who desire to obey the law." - U.S. District Judge Roger T. Benitez |
#30
|
|||
|
|||
|
#31
|
|||
|
|||
|
#32
|
|||
|
|||
EO: On March 24, 2021, Plaintiff's attorneys Mr. Beck and co-counsel Mr. Stamboulieh filed: MOTION TO LIFT STAY AND RE-URGE SUMMARY JUDGMENT. (ECF No. 84 ).On August 14, 2020, the Court stayed proceedings in this case and issued a Minute Order stating: The Court will instruct the Parties how to proceed following the en banc decision by the Ninth Circuit Court of Appeals in Young v. State of Hawaii, 12-17808, scheduled for hearing during the week of September 21, 2020. (ECF No. 82 ).On March 24, 2021, the Ninth Circuit Court of Appeals issued its en banc decision in Young v. State of Hawaii, 12-17808. The mandate has not yet issued. The Court will not act until the Young proceedings have concluded. On March 24, 2021, the Honolulu Star-Advertiser reported that Attorney Alan Beck, who is Plaintiff's counsel in Young and is also Plaintiff's counsel here for Mr. Roberts, stated he will ask the United States Supreme Court to review the Young decision, asserting "We are hopeful the Supreme Court will grant review in Mr. Young's case." (Associated Press, Ruling Upholds Hawaii's Limits On Carrying Guns In Public, Honolulu Star-Advertiser (Mar. 24, 2021) https://www.staradvertiser.com/2021/...uling-upholds- hawaiis-limits-on-carrying-guns-in-public/) (last visited March 25, 2021). Plaintiff's MOTION TO LIFT STAY (ECF No. 84 ) is DENIED. (SENIOR JUDGE HELEN GILLMOR)
|
#33
|
|||
|
|||
From the 9th Circuit: PLAINTIFF-APPELLANT’S MOTION FOR SUMMARY DISPOSITION
|
#34
|
|||
|
|||
Quote:
Roberts case remains stayed, until final resolution of YOUNG at SCOTUS. Typical "9th CIRCUS" stall, delay, kick can, tactics. |
#35
|
|||
|
|||
Filed order (RICHARD A. PAEZ and DANIELLE J. HUNSAKER) This appeal challenges the district court’s March 25, 2021 order denying appellant’s motion to lift the ongoing stay of proceedings in that court. We have jurisdiction under 28 U.S.C. § 1291 to review stay orders that impose lengthy or indefinite delays and “place a plaintiff effectively out of court.” Blue Cross & Blue Shield of Ala. v. Unity Outpatient Surgery Ctr., Inc., 490 F.3d 718, 724 (9th Cir. 2007). In deciding whether to stay an action pending resolution of independent proceedings which may bear upon the case, the district court is required to balance multiple considerations, including “the interests of the parties, the public, and the court.” See Blue Cross, 490 F.3d at 724; Lockyer v. Mirant Corp., 398 F.3d 1098, 1110-11 (9th Cir. 2005). The challenged stay order, however, does not set forth the district court’s analysis or explain its weighing of the relevant factors. “We cannot review the district court’s exercise of its discretion in weighing these factors unless we know that it has done so and why it reached its result.” Blue Cross, 490 F.3d at 724. Accordingly, we remand for the limited purpose of allowing the district court “to reconsider its decision and to set forth its reasons for whatever decision it reaches, so that we can properly exercise our powers of review.” See id. at 725. Within 30 days after the date of this order, the district court should issue its ruling on remand. Within 7 days after the district court’s ruling, appellant shall file a status report and/or a motion for appropriate relief. The motion for summary reversal will be addressed following termination of the limited remand. The Clerk will send a copy of this order to the district court. [12112284] (TSP)
|
#36
|
|||
|
|||
THE DISTRICT COURT’S RESPONSE TO THE NINTH CIRCUIT COURT OF APPEALS’ MAY 13, 2021 ORDER
"The District Court elects to continue to stay the proceedings in this case for three reasons" |
#38
|
||||
|
||||
Hi TOSSED IN TOWEL
Bit behind the info curve on this case. I can only imagine how busy Alan Beck "wolfwood" is with the Young SCOTUS appeal.
https://bearingarms.com/john-petroli...come-22-n47473 Alan said; Quote:
Quote:
Quote:
Quote:
We need a GLADIATOR smiley. |
#39
|
||||
|
||||
What states, if any, still ban tasers or stun guns?
__________________
240+ examples of CCWs Saving Lives. |
#40
|
|||
|
|||
I think Rhode Island is the holdout at this time. But may have missed something. Haven't really spent any time following Stun Gun issues nationwide. |
Thread Tools | |
Display Modes | |
|
|