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BREAKING NEWS
NINTH CIRCUIT THREE-JUDGE PANEL UPHOLDS
RIGHT TO OPEN CARRY FIREARMS
By Dan Zimmerman. TheTruthAboutGuns
July 24, 2018
http://www.thetruthaboutguns.com/2018/07/daniel-zimmerman/ninth-circuit-three-judge-panel-upholds-right-
to-open-carry-frearms/
The Ninth Circuit Court of Appeals ruled that the U.S. Constitution
Second Amendment protects a right to openly carry a gun in public for
self-defense, rejecting a claim by Hawaii ofcials that the right only
applies to guns kept at home.
Two of the three 9th Circuit judges voted to reverse a decision by the
U.S. District Court in Hawaii that state ofcials did not infringe on the
rights of George Young, the plaintif, in twice denying him a permit to
carry a gun outside.
The State of Hawaii, much the same as California, now has a decision
to make. They can appeal for an en banc review of the decision a la
Peruta and risk a possible further appeal to a Supreme Court that’s
expected to include a Justice Kavanaugh. Or, in order to avoid another
potentially precedent-setting Supreme Court ruling, Hawaii could decide
to bite the bullet and, like DC, be dragged kicking and screaming into
issuing citizens (open) carry permits.
YOUNG v. STATE OF HAWAII, et.al.
Appeal from the United States District Court for the District of Hawaii
Helen W. Gilmore, Senior District Judge, Presiding
http://cdn.ca9.uscourts.gov/datastore/opinions/2018/07/24/12-17808.pdf
On June 12, 2012, Young fled this suit pro se under 42 U.S.C. § 1983
against the State of Hawaii, its then Governor, Neil Abercrombie, and its
then-Attorney General, David Louie (collectively “the State”), as well as
the County of Hawaii, its then-Mayor, William Kenoi, the Hilo County
Police Department, and its then-Chief of Police, Harry Kubojiri
(collectively “the County”).
No appearance for Defendants-Appellees Neil Abercrombie and David
Mark Louie I. [Clarifcation Supplied: State of Hawaii: Neil Abercrombie,
in his capacity as Governor of the State of Hawaii; David Mark Louie I,
Esquire, in his capacity as State Attorney General]
As for the State of Hawaii, the district court found Young's action to be
barred Young’s action against the State ofcials—while not barred by
sovereign immunity under Ex Parte Young, 209 U.S. 123 (1908) — was
dismissed because the district court found their GENERAL OVERSIGHT
of the enforcement of Hawaii's laws “INSUFFICIENT to establish a
nexus between [such] ofcials and the alleged violation of [Young’s]
civil rights.” Emphasis Supplied]
Young fled a notice of appeal with respect to the dismissal of his claims
against both the State and County, but on appeal he makes no arguments
to contest the district court's reasons for dismissing his claims against the
State.
Believing itself no longer a party to the case, the State has neither fled a
response brief nor sought to participate in oral argument. We thus do not
review the district court's judgment in its favor and Young's appeal
against the State accordingly must be dismissed. The State has, however,
fled several briefs as amicus curiae. At oral argument, the County
explicitly endorsed the arguments of the State made as amicus curiae.
Thus, when we refer to arguments made by the State they are to be
found in its amicus briefs as adopted by the County.
GOVERNOR NEIL ABERCROMBIE - ATTORNEY GENERAL DAVID LOUIE
INSUFFICIENT OVERSIGHT
vs.
GOVERNOR DAVID IGE
Hawaii Governor David Ige signed a bill requiring gun owners to be listed
on an FBI database, notifying police if a Hawaii citizen is arrested in
another state. The legislation, SB 2954, serves to provide a continuous
criminal record check on those individuals seeking to possess a frearm.
According to Ige, the purpose of the bill is to “evaluate whether the
frearm owner may continue to legally possess frearms,” and he hopes
that the so-called “Rap Back” system will “better enable Hawaii's law
enforcement agencies to ensure the security of all Hawai’i residents and
visitors,” to Hawaii. The governor also signed two other bills, one that
lists harassment by stalking and sexual assault as ofenses that disqualify
one from purchasing and keeping a frearm, and another that requires
owners deemed unqualifed due to “behavioral, emotional, or mental
disorder, or emergency or involuntary hospitalization to a psychiatric
facility” to surrender their frearms and ammunition to the Chief of
Police. Hawaii is the frst state to sign such a system into a centralized
information system into law.
Hawaii governor signs bill to put gun owners on FBI database By
Mark Casper. JURIST. University of Pittsburg School of Law. 06/24/2016,
accessed July 24, 2016 https://www.jurist.org/news/2016/06/hawaii-governor-signs-bill-to-
put-gun-owners-on-fbi-database/
_____________________
GOVERNOR IGE SIGNS GUN BILLS, INCLUDING BUMP STOCKS BAN
MauiNow. July 9, 2018, accessed July 24, 2018
https://mauinow.com/2018/07/09/governor-ige-signs-gun-bills-including-bump-stocks-ban/
Gov. David Ige signed into law SB 2046 (Act 157) which prohibits the
manufacture, importation, sale, transfer and possession of bump fre
stocks, multi-burst trigger activators, and trigger cranks.
“I'm proud that Hawai'i has one of the lowest rates of gun violence in the
nation thanks to our strict gun laws. At the same time, we must protect
the rights of gun owners and hunters to own and use guns safely. This
legislation will help us uphold the rights of gun owners while keeping
guns out of the hands of mentally unft individuals,” said Gov. Ige.
Gov. Ige also signed SB 2436 (Act 158) which requires the voluntary
surrender of frearms and ammunition within 7 days after an individual is
disqualifed from gun ownership. This new law shortens the time period
from 30 days to 7 days.
“Both of these measures collectively, improve the health and safety of
our community. In domestic violence situations, the period following the
threat is critical. Shortening the time period to 7 days will further help to
ensure the safety of our families and our communities,” Gov. Ige said.
_______________________
YOU GOTTA KNOW WHEN TO HOLD 'EM
KNOW WHEN TO FOLD 'EM
KNOW WHEN TO WALK AWAY
KNOW WHEN TO RUN
Kenny Rogers, The Gambler

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Hawaii - Gun Control - Ninth Circuit Court of Appeals - Governor David Ige - In Control

  • 1. BREAKING NEWS NINTH CIRCUIT THREE-JUDGE PANEL UPHOLDS RIGHT TO OPEN CARRY FIREARMS By Dan Zimmerman. TheTruthAboutGuns July 24, 2018 http://www.thetruthaboutguns.com/2018/07/daniel-zimmerman/ninth-circuit-three-judge-panel-upholds-right- to-open-carry-frearms/ The Ninth Circuit Court of Appeals ruled that the U.S. Constitution Second Amendment protects a right to openly carry a gun in public for self-defense, rejecting a claim by Hawaii ofcials that the right only applies to guns kept at home. Two of the three 9th Circuit judges voted to reverse a decision by the U.S. District Court in Hawaii that state ofcials did not infringe on the rights of George Young, the plaintif, in twice denying him a permit to carry a gun outside. The State of Hawaii, much the same as California, now has a decision to make. They can appeal for an en banc review of the decision a la Peruta and risk a possible further appeal to a Supreme Court that’s expected to include a Justice Kavanaugh. Or, in order to avoid another potentially precedent-setting Supreme Court ruling, Hawaii could decide to bite the bullet and, like DC, be dragged kicking and screaming into issuing citizens (open) carry permits. YOUNG v. STATE OF HAWAII, et.al. Appeal from the United States District Court for the District of Hawaii Helen W. Gilmore, Senior District Judge, Presiding http://cdn.ca9.uscourts.gov/datastore/opinions/2018/07/24/12-17808.pdf
  • 2. On June 12, 2012, Young fled this suit pro se under 42 U.S.C. § 1983 against the State of Hawaii, its then Governor, Neil Abercrombie, and its then-Attorney General, David Louie (collectively “the State”), as well as the County of Hawaii, its then-Mayor, William Kenoi, the Hilo County Police Department, and its then-Chief of Police, Harry Kubojiri (collectively “the County”). No appearance for Defendants-Appellees Neil Abercrombie and David Mark Louie I. [Clarifcation Supplied: State of Hawaii: Neil Abercrombie, in his capacity as Governor of the State of Hawaii; David Mark Louie I, Esquire, in his capacity as State Attorney General] As for the State of Hawaii, the district court found Young's action to be barred Young’s action against the State ofcials—while not barred by sovereign immunity under Ex Parte Young, 209 U.S. 123 (1908) — was dismissed because the district court found their GENERAL OVERSIGHT of the enforcement of Hawaii's laws “INSUFFICIENT to establish a nexus between [such] ofcials and the alleged violation of [Young’s] civil rights.” Emphasis Supplied] Young fled a notice of appeal with respect to the dismissal of his claims against both the State and County, but on appeal he makes no arguments to contest the district court's reasons for dismissing his claims against the State. Believing itself no longer a party to the case, the State has neither fled a response brief nor sought to participate in oral argument. We thus do not review the district court's judgment in its favor and Young's appeal against the State accordingly must be dismissed. The State has, however, fled several briefs as amicus curiae. At oral argument, the County explicitly endorsed the arguments of the State made as amicus curiae. Thus, when we refer to arguments made by the State they are to be found in its amicus briefs as adopted by the County.
  • 3. GOVERNOR NEIL ABERCROMBIE - ATTORNEY GENERAL DAVID LOUIE INSUFFICIENT OVERSIGHT vs. GOVERNOR DAVID IGE Hawaii Governor David Ige signed a bill requiring gun owners to be listed on an FBI database, notifying police if a Hawaii citizen is arrested in another state. The legislation, SB 2954, serves to provide a continuous criminal record check on those individuals seeking to possess a frearm. According to Ige, the purpose of the bill is to “evaluate whether the frearm owner may continue to legally possess frearms,” and he hopes that the so-called “Rap Back” system will “better enable Hawaii's law enforcement agencies to ensure the security of all Hawai’i residents and visitors,” to Hawaii. The governor also signed two other bills, one that lists harassment by stalking and sexual assault as ofenses that disqualify one from purchasing and keeping a frearm, and another that requires owners deemed unqualifed due to “behavioral, emotional, or mental disorder, or emergency or involuntary hospitalization to a psychiatric facility” to surrender their frearms and ammunition to the Chief of Police. Hawaii is the frst state to sign such a system into a centralized information system into law. Hawaii governor signs bill to put gun owners on FBI database By Mark Casper. JURIST. University of Pittsburg School of Law. 06/24/2016, accessed July 24, 2016 https://www.jurist.org/news/2016/06/hawaii-governor-signs-bill-to- put-gun-owners-on-fbi-database/ _____________________ GOVERNOR IGE SIGNS GUN BILLS, INCLUDING BUMP STOCKS BAN MauiNow. July 9, 2018, accessed July 24, 2018 https://mauinow.com/2018/07/09/governor-ige-signs-gun-bills-including-bump-stocks-ban/
  • 4. Gov. David Ige signed into law SB 2046 (Act 157) which prohibits the manufacture, importation, sale, transfer and possession of bump fre stocks, multi-burst trigger activators, and trigger cranks. “I'm proud that Hawai'i has one of the lowest rates of gun violence in the nation thanks to our strict gun laws. At the same time, we must protect the rights of gun owners and hunters to own and use guns safely. This legislation will help us uphold the rights of gun owners while keeping guns out of the hands of mentally unft individuals,” said Gov. Ige. Gov. Ige also signed SB 2436 (Act 158) which requires the voluntary surrender of frearms and ammunition within 7 days after an individual is disqualifed from gun ownership. This new law shortens the time period from 30 days to 7 days. “Both of these measures collectively, improve the health and safety of our community. In domestic violence situations, the period following the threat is critical. Shortening the time period to 7 days will further help to ensure the safety of our families and our communities,” Gov. Ige said. _______________________ YOU GOTTA KNOW WHEN TO HOLD 'EM KNOW WHEN TO FOLD 'EM KNOW WHEN TO WALK AWAY KNOW WHEN TO RUN Kenny Rogers, The Gambler