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Did they pass that? How are they registering? Oahu registration only goes out 90 days and is full at the moment, they aren't even taking appointments. No new purchases are going through, or transfers whatsoeverJust to add this is the 9th court grilling him.
And these brilliant people just made a AR15 upper a firearm so you have to serialize and register the upper and the lower on an AR15 as separate firearms. Everyone who has an AR15 in Hawaii had to register their uppers as of 9/13 or be a criminal
Your honor we don't "feel" that we are not infringing on Second Amendment rights because the statue stipulates that we MAY issue a permit for carry, even though we never do....
Did they pass that? How are they registering? Oahu registration only goes out 90 days and is full at the moment, they aren't even taking appointments. No new purchases are going through, or transfers whatsoever
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Yay.... team BLUE! The party of the people.
I see that was from 2 years ago. My assumption is that nothing has really changed regarding open carry without a permit?
I'm glad I got out of there.Just to add this is the 9th court grilling him.
And these brilliant people just made a AR15 upper a firearm so you have to serialize and register the upper and the lower on an AR15 as separate firearms. Everyone who has an AR15 in Hawaii had to register their uppers as of 9/13 or be a criminal
I remember that, I just didn't know it had passed. Glad I don't have any either. Thanks for the updateDo you want your constitution violated? Ask us how!
They wrote a bad bill with a bunch of wording that made upper's firearms and how they have to be registered as firearms and its a giant mess. The same bill funds a gun commission and it was passed the same week they fired 2 of the 3 state psychiatrists on one island because of lack of funding.
Though I dont have any firearms here I sent emails from a fake name (I dont trust them at all) asking the sponsors of the bill how to register an upper and sent emails to them daily for a month without a single reply.
Best part? The bills pass in hawaii if the governor does not sign them. So this passed without a governor signature. He just has to ignore them long enough and they pass automatically. This one making uppers firearms, all 80% illegal, and a bunch of other stuff passed on 9/8 if I remember correctly.
Funny, its even worse than this. The security guards they are taking about are only for concealed carry permits. There isnt even a mechanism to apply for an open carry permit. There are concealed carry permit applications but they all get denied unless it is for work as a security guard. But there is literally no way to apply for an open carry permit. The state's argument is even worse than this. They have never issued an open carry permit because they dont even offer a permit.
The judges should have asked "how is there an option for open carry if you dont even have an application process for the permit?"
You have it backward, the security guards are only issued Open Carry permits. That is the only type of permit allowed under the statute for persons "engaged in the protection of life and property." (H.R.S. 134-9). Concealed carry permits are only issued "In an exceptional case..." According to the state, there has not been "an exceptional case" in twenty years.
A guy at the Hawaii 2A website did a lot of research and discovered 1 concealed carry permit that was issued in the twenty years prior to the date this oral argument took place, but it was quickly revoked.
Of course, admitting that one was issued, but only for a few days, does not help the state's case.
The en banc oral argument in Young v. Hawaii will take place this Thursday, September 24th, at 1:30 PM. The video of the oral argument will be live-streamed here -> Live Video Streaming of Oral Arguments and Events
An archive of the oral argument will be uploaded to the Court's YouTube channel -> United States Court of Appeals for the Ninth Circuit
In the interest of full disclosure, I filed a Federal lawsuit challenging California's bans on Loaded and Unloaded Open Carry around six months before Mr. Young filed his lawsuit. But his lawsuit was quickly dismissed with prejudice whereas the district court judge assigned to my case dragged my case out for nearly two and a half years before he held that the American people do not have a right to even possess a firearm, let alone carry one. I kid you not.
Because Mr. Young's notice of appeal was filed before mine, and because his appeal was argued and submitted three days before I argued my appeal, my Second Amendment claim depends upon what the 9th circuit ultimately decides in his appeal. Submission of my appeal for a decision is vacated pending the issuance of the Mandate in Young v. Hawaii.
Similarly, because my notice of appeal was filed before the third NRA/CRPA concealed carry appeal was filed (the previous two lost on appeal) my appeal has priority over that appeal. I had filed an unopposed motion to put my appeal back under submission for a decision because I was afraid that appeal might somehow slip ahead of mine. My motion was denied but the NRA/CRPA's appeal was subsequently stayed. That stay, for as long as it is in place, gives my appeal priority. My appeal is not stayed.
Do you think the state's attorney will come up with a better argument for why open carry is "legal and available here" but there has never been a permit issued (or even an application process for what I understand)?
A while back the state was talking about using tax dollars to hire an out of state attorney dream team to fight this. Do you know if they ended up doing that?