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

[press1280]

Doesn't the Milford act become null and void immediately?

No. The decision still has to be final (no en banc), then likely an OC permit will be required. I do not see the state simply allowing unlicensed carry of any form.
The Nichols case will answer these questions.

[rplaw]

Congratulations Wolfwood!

Now, stop goofing off and get to drafting the MSJ! Times awasting.

[Big Ben]

After spending a bit more time wading through the Michel and Associates flowchart, I see the following:

Losing party petition for rehearing - 14 days
Judges time to decide on petition - 21 days
Judge "stops the clock" - 14 days
5.4(b) Notice - 90 days
3-Judge panel decision on 5.4(b) notice - 14 - 21 days
Judge calls for en banc vote - 14 days
Time to respond to en banc call - 21 days
Active judges vote on en banc call - 14 days

Total that all up, and I get between 188 and 195 days - or sometime between January 28 and Feb 4, 2019. Obviously, I'm no lawyer, and I'm basing that strictly on my read of the Michel and Associates flowchart. I could be very, very wrong.

Edit: And as Drivedabizness points out, CA9 has shown that they're willing to exceed the timeline if they feel like it.

[Drivedabizness]

I think another possibility is what happened in Ohio...faced with case law precedent/court ruling to require OC (don't recall which), the Legislature (batsh*t crazy at the idea that people would be carrying openly) went, no BS, shall issue. I'd take that kind of result here in CA any day.

[Drivedabizness]

Doesn't the Milford act become null and void immediately?

Oh Jesus

Great 2nd post

[Drivedabizness]

I believe sua sponte is 90 days in the 9th circuit and 14 days for The State to appeal.

The time for sua sponte ran out in Peruta and they did it anyway

[Big Ben]

Timeline for en banc determination is impacted by whether the Hawaii files a pettion for rehearing/en banc rehearing, a sua sponte call, etc. There are so many different factors that play into it, it would be tough to say that by "X" date, we'll know one way or the other.

Michel and Associates has a pretty good flow-chart of the decision tree on an en banc timeline: http://michellawyers.com/wp-content/...-Flowchart.pdf

Note the statement at the bottom: "at anytime ... the En Banc Coordinator can extend, suspend, or compress the time schedule."

If you add it up, it's a long while - 14 days here, 21 days there, "stop the clock" for a period, another 90 days after that, add another 14 days, another 35 days for amicus curiae ... on and on.

[press1280]

I think Hawaii has 2 weeks to request it. After that I don't think there's any time frame. It could be months before we find out if they go en banc or not.

[mjv]

I assume that this will go en banc. Does anyone know what the time frame is for them to decide if it will in fact go en banc or if Hawaii will leave it be?

[sfpcservice]

I open carried my shotgun in my front yard for about 3.5 seconds yesterday to celebrate. Still unconvicted.

[CCWFacts]

Doesn't the Milford act become null and void immediately?

Exactly what I'm wondering. What does this mean for us? I hope no one here takes any action on this until we have clarity and until law enforcement here has gotten a memo about it, but I'm wondering, does this mean that the ban on loaded open carry is no longer generally enforceable? Should people in LA start applying for CCWs? If loaded open carry is legal, what about applying for a CCW with a good cause something like, "I desire a CCW so I can exercise my right to bear arms without attracting attention by open carrying"?

[LaCaGuy]

Doesn't the Milford act become null and void immediately?

[sfpcservice]

It's hard to read the opinion as anything other than shall-issue. I'm assuming if the state or county tries to fool around by thinking they can just tweak their open carry law to "theoretically" allow for anyone to get an OC permit but just deny everyone that they'll be smacked down. If the District court allows it, then I assume the issue comes back up for appeal to the exact same panel?

This shill permit system is what Hawaii has and just got smacked for.

[scbauer]

Congratulations George Young and great job Wolfwood! Kind thanks and praise to Justices Sandra Ikuta and Diarmuid O Scannlain for their erudite work.
Mark Cleary

[2ajunkie]

When the time comes, don’t be these idiots, no point in open carrying a long rifle.



Be this guy