Results 1 to 4 of 4

Thread: New 9th District Court ruling should impact Hawaii's "no-issue" permit system?

  1. #1
    Campaign Veteran
    Join Date
    Jan 2007
    Location
    El Paso, TX
    Posts
    1,877

    New 9th District Court ruling should impact Hawaii's "no-issue" permit system?

    From the California sub-forum:

    http://forum.opencarry.org/forums/sh...tervene-Denied

    *****************************

    http://forum.opencarry.org/forums/sh...Circuit-Upheld

    Excerpt from the above 2nd link/post (in "News & Political Alerts" sub-forum):

    "Hawaii just lost its highly restrictive permiting "may issue" scheme that prevented nearly anyone but a few security guards from carrying arms in Hawaii (outside of government officials). It appears that the only alternative is for the Supreme Court to hear an appeal of the Ninth Circuit ruling. Who would have standing to appeal is unclear. Both Sheriff Gore and San Diego County have indicated that they will not appeal."

    ***********************************

    Here is another article (which gives more info and in more understandable layman's terms) seen elsewhere on this latest development:

    http://www.ammoland.com/2014/11/peru...#axzz3IvCv9Dfa

    Excerpt from the 3rd link's article:

    "Today, 12 November, 2014, the Ninth Circuit denied the motions to intervene, thus denying requests for an en banc hearing for the decision. Therefore, Peruta stands as the law of the land in the Ninth Circuit. This means that effectively, some version of “shall issue” carry law will become law in all of the Ninth Circuit."

    ***********************************

    ...and Hawaii is in the 9th Circuit.
    Last edited by cloudcroft; 11-13-2014 at 02:15 AM.
    (formerly of Colorado Springs, CO)

  2. #2
    Centurion
    Join Date
    Jul 2008
    Location
    Yuma, Arizona, USA
    Posts
    923

    It is possible for Hawaii to ask for an en banc ruling by the 9th Circuit

    Quote Originally Posted by cloudcroft View Post
    From the California sub-forum:

    http://forum.opencarry.org/forums/sh...tervene-Denied

    *****************************

    http://forum.opencarry.org/forums/sh...Circuit-Upheld

    Excerpt from the above 2nd link/post (in "News & Political Alerts" sub-forum):

    "Hawaii just lost its highly restrictive permiting "may issue" scheme that prevented nearly anyone but a few security guards from carrying arms in Hawaii (outside of government officials). It appears that the only alternative is for the Supreme Court to hear an appeal of the Ninth Circuit ruling. Who would have standing to appeal is unclear. Both Sheriff Gore and San Diego County have indicated that they will not appeal."

    ***********************************

    Here is another article (which gives more info and in more understandable layman's terms) seen elsewhere on this latest development:

    http://www.ammoland.com/2014/11/peru...#axzz3IvCv9Dfa

    Excerpt from the 3rd link's article:

    "Today, 12 November, 2014, the Ninth Circuit denied the motions to intervene, thus denying requests for an en banc hearing for the decision. Therefore, Peruta stands as the law of the land in the Ninth Circuit. This means that effectively, some version of “shall issue” carry law will become law in all of the Ninth Circuit."

    ***********************************

    ...and Hawaii is in the 9th Circuit.

    It is possible for the defendants in the Hawaii case to ask for an en banc ruling in the 9th Circuit. It just seems unlikely that they would be granted it. Then they have the option to appeal to the Supreme Court, which seems more likely.

  3. #3
    Regular Member
    Join Date
    Sep 2008
    Location
    Eastern Panhandle,WV ,
    Posts
    408
    Quote Originally Posted by ccwinstructor View Post
    It is possible for the defendants in the Hawaii case to ask for an en banc ruling in the 9th Circuit. It just seems unlikely that they would be granted it. Then they have the option to appeal to the Supreme Court, which seems more likely.
    They already are asking for en banc. IANAL but there are procedural issues in this case that are different from the ones in CA. This case was actually remanded back to the district court. I have to believe the 9th doesn't grant en banc here, since this is basically a no-issue scheme disguised as a may-issue. The Richards case in CA, however, may be a different story. It's not over until the 9th comes back (should be very soon) as says en banc denied in all cases.

  4. #4
    Regular Member DeSchaine's Avatar
    Join Date
    Nov 2013
    Location
    Kalamazoo, MI
    Posts
    604
    The Peruta and Richards cases are being heard en banc, and will probably end up before SCOTUS. Here. I kinda hope it does go there. It'd be nice to see a Moore V. Madigan type ruling.
    Guard with jealous attention the public liberty.
    Suspect everyone who approaches that jewel.
    Unfortunately, nothing will preserve it but downright force.
    Whenever you give up that force, you are inevitably ruined.
    -Patrick Henry, Virginia Ratification Convention, June 5, 1788

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •