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National 2nd Amend. Political & Legal Discussion Discuss national gun rights and 2A related political topics here. All advice given is NOT legal counsel.

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  #1  
Old 04-02-2019, 3:53 PM
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Default Challenge to Hawaii's Ban on resident alien handgun carry

Filed today case challenges ban on Hawaii's ban on green card holders being able to apply for handgun carry permits.


https://www.scribd.com/document/4041...ien-Carry-Case
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Old 04-02-2019, 3:58 PM
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This will be VERY interesting how this turns out.
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Old 04-02-2019, 4:22 PM
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Originally Posted by wolfwood View Post
Filed today case challenges ban on Hawaii's ban on green card holders being able to apply for handgun carry permits.


https://www.scribd.com/document/4041...ien-Carry-Case
GO GET EM WOLFIE!!!
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Old 04-03-2019, 6:01 PM
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GO GET EM WOLFIE!!!
Thanks
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Old 04-04-2019, 7:45 AM
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This ought to be settled in about 25 years?
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Old 07-13-2019, 2:44 PM
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Originally Posted by Jimi Jah View Post
This ought to be settled in about 25 years?
If I'm reading this right, it looks like it's happening a little sooner than that

https://dockets.justia.com/docket/ha...cv00165/143796

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July 12, 2019 Filing 24 EP: Telephonic Settlement on the Record held on 7/12/2019. Counsel states the key terms on the record. The Court finds that the parties have entered into a valid and enforceable settlement. Stipulation for Dismissal shall be submitted to [...] by August 12, 2019. All dates and deadlines, including trial, are VACATED. (Court Reporter FTR - C7. 8:20 a.m. - 8:23 a.m.) (MAGISTRATE JUDGE WES REBER PORTER)(mrf)
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Old 07-13-2019, 3:25 PM
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LOL this should be good ! A looney state that registers law abiding gun owners with the FBI and puts them on a watch list .( Comey and company)

Then sends goofball Crazy Mazie to congress and generally hates gun owners and republicans.

I hope he wins but I don't see much chance of it happening.
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Old 07-13-2019, 4:41 PM
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Filing 24 EP: Telephonic Settlement on the Record held on 7/12/2019. Counsel states the key terms on the record. The Court finds that the parties have entered into a valid and enforceable settlement. Stipulation for Dismissal shall be submitted to watson_orders@hid.uscourts by August 12, 2019. All dates and deadlines, including trial, are VACATED. (Court Reporter FTR - C7. 8:20 a.m. - 8:23 a.m.) (MAGISTRATE JUDGE WES REBER PORTER)(mrf)

Anything you can comment on publicly, Wolf?

Last edited by Fedora; 07-13-2019 at 4:46 PM..
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Old 07-14-2019, 7:46 AM
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Filing 24 EP: Telephonic Settlement on the Record held on 7/12/2019. Counsel states the key terms on the record. The Court finds that the parties have entered into a valid and enforceable settlement. Stipulation for Dismissal shall be submitted to watson_orders@hid.uscourts by August 12, 2019. All dates and deadlines, including trial, are VACATED. (Court Reporter FTR - C7. 8:20 a.m. - 8:23 a.m.) (MAGISTRATE JUDGE WES REBER PORTER)(mrf)

Anything you can comment on publicly, Wolf?
If you don't mind me asking how did you find out about that? Are you tracking the docket?

Long story short City and County of Honolulu will no longer be enforcing the alien carry law. Which means green card holders will be treated just like citizens now. Basically the State agrees that the alien case on in the home ownership applies to this case or at least the Equal protection aspect of it.

The stipulation/settlement has already been sign and approved by the judge so I think it is fine to say that publicly. It just hasn't been filed officially yet. I'll post the official stipulation when it is filed but that will be a few weeks.
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Last edited by wolfwood; 07-14-2019 at 8:47 AM..
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Old 07-14-2019, 8:20 AM
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If you don't mind me asking how did you find out about that?
PM sent.
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Old 07-14-2019, 12:14 PM
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Originally Posted by FirearmFino View Post
If I'm reading this right, it looks like it's happening a little sooner than that

https://dockets.justia.com/docket/ha...cv00165/143796
are you tracking it on courtlink? I had no idea people were paying attention to this one
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Old 07-14-2019, 12:49 PM
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Originally Posted by wolfwood View Post
are you tracking it on courtlink? I had no idea people were paying attention to this one
I bookmarked some of the recent cases here on Justia/CourtListener/etc and have been checking occasionally out of curiosity. It was just a coincidence that I checked the page for this case right after this update
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Old 07-14-2019, 6:01 PM
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Nice job! Tough time for them to be shown excluding immigrants...
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Old 07-14-2019, 11:15 PM
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Well done Wolfie, hats off to you and Stephen for this one.
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Old 07-15-2019, 1:08 AM
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You are fighting the good fight sir, bravo!!
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Old 07-15-2019, 1:52 AM
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Isn't there a similar case in another circuit?
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Old 07-15-2019, 6:10 AM
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What does the above action mean, and what happened?.....What will happen next?
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Old 07-15-2019, 12:05 PM
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He probably can't say until it's all done, but it's pretty easy to guess that Hawaii is simply backing down rather than risking a smackdown in the new Trump-enhanced 9th circuit.
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Old 07-15-2019, 4:13 PM
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Quote:
Originally Posted by nick View Post
Isn't there a similar case in another circuit?
Yes, very similar in Riverside Cnty.

https://www.calguns.net/calgunforum/...ighlight=sniff

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What does the above action mean, and what happened?.....What will happen next?
IMO as a layman. Basically, other than symbolic, not much. Hi. will now treat "legal immigrants" just like US Citizens. Which means they are now all screwed equally, when it comes to 2A. Just removes the ability to screw them as a separate group.

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Originally Posted by CCWFacts View Post
He probably can't say until it's all done, but it's pretty easy to guess that Hawaii is simply backing down rather than risking a smackdown in the new Trump-enhanced 9th circuit.
I concur. One small step undermining Hi. Anti 2A agenda. Not a big significant step. But a necessary step.

Last edited by pacrat; 07-15-2019 at 4:20 PM..
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Old 08-04-2019, 6:28 PM
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They have handgun carry permits in Hawaii?
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  #21  
Old 08-04-2019, 7:42 PM
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Originally Posted by BigPimping View Post
They have handgun carry permits in Hawaii?
A permit system exists. They are never or almost never issued. It sounds like there will be a settlement wherein HI agrees to allow non-residents to apply for these permits which will of course also be denied. I'm sure wolfwood can't say anything while settlement discussions are taking place. That's how that works.

This is progress. Every step is progress and sets things up for the next step and the next step.

It also shows that HI understands that the 9th circuit is no longer reliably friendly for them and they would like to avoid it. That's cool.
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Old 08-05-2019, 4:19 PM
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Quote:
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1)....A permit system exists. They are never or almost never issued. It sounds like there will be a settlement wherein HI agrees to allow non-residents to apply for these permits which will of course also be denied <SNIP FOR BREVITY>

2).... It also shows that HI understands that the 9th circuit is no longer reliably friendly for them and they would like to avoid it. That's cool.

1)....AGREED

2)....Is that the case? Or like the Ca legislature. They just don't give a crap. And intentionally pass laws they know to be unconstitutional. Relying on the courts system to delay ruling for years. While they continue to pass even more laws they know to be unconstitutional.
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Old 08-10-2019, 3:22 PM
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I noticed a new entry in the case:

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STIPULATION TO DISMISS COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF, FILED ON APRIL 2, 2019 WITH PREJUDICE, AND ORDER by Clare E. Connors, Al Cummings - Signed by JUDGE DERRICK K. WATSON on 8/9/2019. (emt, )
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Old 08-11-2019, 10:05 AM
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1)....AGREED

2)....Is that the case? Or like the Ca legislature. They just don't give a crap. And intentionally pass laws they know to be unconstitutional. Relying on the courts system to delay ruling for years. While they continue to pass even more laws they know to be unconstitutional.
We have a winner!
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Old 08-13-2019, 2:47 PM
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STIPULATION TO DISMISS COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
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