Young v. Hawaii (CA9); Dismissed with predjudice 12-16-22

[TruOil]

The 7th Circuit has also ruled the 2A extends beyond the home. I think that was Moore v Madigan in 2012. It forced Illinois to legalize CCW.

Sent from my SM-N960U using Tapatalk

Heller clearly distinguishes between "to keep" and "to bear" as separate rights protected by the 2A, although its holding only extended to "to keep."

[TruOil]

https://pdfhost.io/v/W1cwSvh9X_Young...JH8WQZS63fnCpg

here is mine

I perused a part of this brief, up to your strict scrutiny analysis. You did a nice job. But don't you think that you handed Hawaii a road map to implementing a judicial review provision to the law that would allow them to keep their "may issue" regime?

I think that Peruta painted the Ninth into a corner. Having concluded that there is no right to a CCW, it has to find, in order to not contradict Heller, that a right to bear exists outside the home. However, since Trump has not been able to eliminate its distinctly liberal tilt, and with a Chief Judge (who will be on the panel) who is rabidly anti-gun, the odds are that the court will apply its own brand of intermediate scrutiny. Unfortunately, that means rational basis scrutiny wrapped up in nice sounding intermediate scrutiny language. If it can, this Court will lean over backwards to uphold the law.

This, imo, means that it will find that there is an important governmental "public safety" interest in preventing the carriage of firearms in public, and that therefore the State has the right to regulate the public carriage of arms. I think that, as I suggested above, the court will be forced to strike down the law (but one never knows) BUT with the "suggestion" that a may issue scheme is permissible as long as there is an opportunity for judicial review. I note in passing that in other carry cases, albeit all that have been decided were CCW cases), the court has adopted the position of the (then) Chief of the LAPD and the LASO that "more guns means more gun crime" and therefore there is an overwhelming public interest in limiting the number of guns out in the streets.

[wolfwood]

https://michellawyers.com/young-v-hawaii/

Amicus Briefs In Support of Appellant Young

• Hawaii Rifle Association; California Rifle & Pistol Association, Incorporated; and Gun Owners of California
• New Civil Liberties Alliance
• THE STATES OF LOUISIANA, ALABAMA, ARIZONA, ARKANSAS, GEORGIA, IDAHO, INDIANA, KANSAS, KENTUCKY, MISSISSIPPI, MONTANA, NEBRASKA, NORTH DAKOTA, OHIO, OKLAHOMA, SOUTH CAROLINA, SOUTH DAKOTA, TEXAS. UTAH, WEST VIRGINIA IN SUPPORT OF PLAINTIFF-APPELLANT.
• National Rifle Association of America
• Professors of Second Amendment Law, Firearms Policy Coalition, Firearms Policy Foundation, Cato Institute, Madison Society Foundation, California Gun Rights Foundation, Second Amendment Foundation, and Independence Institute
• Hawaii Firearms Coalition

Amicus Briefs In Support of Appellee Hawaii

• Neal Goldfarb
• City and County of Honolulu, County of Kauai, and County of Maui in Support of Defendants-Appellees.
• Corpus Linguistics Professors and Experts as Amici Curiae Supporting Appellees.
• States of New Jersey, Connecticut, Illinois, Maryland, Massachusetts, New York, Oregon, Rhode Island, Virginia, and the District of Columbia
• SOCIAL SCIENTISTS AND PUBLIC HEALTH RESEARCHERS
• State of California
• Everytown for Gun Safety
• Prosecutors Against Gun Violence
• Giffords Law Center to Prevent Gun Violence

[wireless]

When do we found out who the judges are?

[gobler]

I personally would love to have open carry as the right. It would then paint into a corner may issue CCW's. If the States rather not SEE guns on the hips of thier citizens, they must make CCW's very easy to obtain with little cost. It would also help reciprocity (at least for the states under the 9th).

[press1280]

When do we found out who the judges are?

If memory serves a week or so before orals.

[darkwater34]

It would be nice to have a CCW law like Arizona's no permit required.

[champu]

state filed theres
https://pdfhost.io/v/jWQ5reGBs_Micro...XbRhTouFor-aiI

[mcbair]

God Bless Alan and George who are actively doing something to try to restore the Liberty we have allowed the government to take from us. What they, among others, are doing is expensive, time and life consuming. The State has unlimited resources. The state has the help of other gun grabbing states with unlimited resources. Wolfwood, please provide a method so that we can at least help out with contributions to your efforts. Thank you for fighting this fight!

[Paladin]

FWIW, Peruta was heard en banc on 2015 June 16 and decided 2016 June 09, so don't be surprised if it takes them a year here too.

https://en.wikipedia.org/wiki/Peruta_v._San_Diego_County

[Paladin]

Except that the selection of panel judges is random. And the panel was selected before the stay because there was no stay. the case proceeded as normal until the stay order.

IIRC, they selected the panel despite knowing SCOTUS granted NYSRPA cert and then immediately stay Young.

[Paladin]

En banc argument will take place during the week of September 21, 2020, at the James R. Browning United States Courthouse in San Francisco, California. The specific date and time will be set by separate order. For further information or special requests regarding scheduling, please contact Deputy Clerk Paul Keller at Paul_Keller@ca9.uscourts.gov

~15 weeks to go!

[wolfwood]

Docket Text:
Filed clerk order (Deputy Clerk: AF): Defendants-Appellees’ motion for an extension of time to file their supplemental en banc reply brief is GRANTED. The reply brief for both parties will now be due on Monday, June 29, 2020. [11713990] (AF)

Notice will be electronically mailed to:

[wolfwood]

one last amicus from brady campaign

[BAJ475]

.... It would also help reciprocity (at least for the states under the 9th).

How so? Alaska, Idaho, Montana and Arizona already recognize permits from all other states. Nevada and Washington recognize Utah, which is easy for non residents to get. Nevada and Washington also issue to non residents on a shall issue basis, which eliminates the need for reciprocity. So it is already easy to carry in most states in the 9th Circuit.

That leaves California, Oregon and Hawaii, which do not recognize permits from any other states. Oregon is may issue for non residents of adjoining states and there are some Oregon sheriffs who are nearly shall issue to residents of these states. So for a California resident who has a permit it is already easy to carry in all states in the 9th Circuit other than Hawaii.